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HOMESTEAD GOLF CLUB, INC. v. PRIDE STABLES

Nos. 98-4211, 98-4217.

224 F.3d 1195 (2000)

HOMESTEAD GOLF CLUB, INC., a Utah corporation, Appellee and Cross-Appellant, v. PRIDE STABLES, a Utah limited partnership, Appellant and Cross-Appellee, v. Valley Bank and Trust Company, Third-Party Defendant.

United States Court of Appeals, Tenth Circuit.

September 12, 2000.

Attorney(s) appearing for the Case

Stephen B. Mitchell (Richard D. Burbidge with him on the briefs), Burbidge & Mitchell, Salt Lake City, Utah, for the appellee and cross-appellant.

John G. Marshall, Marshall & Willis, Salt Lake City, Utah, for the appellant and cross-appellee.

Before LUCERO, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and ALLEY, Senior District Judge.

LUCERO, Circuit Judge.

After approximately ten years of litigation regarding an oral agreement to construct a portion of a golf course by plaintiff-appellee Homestead Golf Club, Inc. ("HGC") on property owned by defendant-appellant Pride Stables ("Pride"), allegedly in exchange for a loan, the district court decided that the parties had not created an enforceable contract and dismissed the case. Exercising jurisdiction pursuant to 28 U.S.C. §§ 158(d) and...

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