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MAPES v. MTR GAMING GROUP, INC.

No. 01-2769.

299 F.3d 706 (2002)

Michael MAPES, Plaintiff-Appellee, v. MTR GAMING GROUP, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2002.

Rehearing and Rehearing Denied: September 18, 2002.

Attorney(s) appearing for the Case

Kay Nord Hunt, argued, Minneapolis, MN (Stephen C. Rathke, on the brief), for appellant.

Cortney S. LeNeave, argued, Minneapolis, MN (Richard L. Carlson, on the brief), for appellee.

Before: LOKEN, HEANEY, and MURPHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: September 18, 2002.

LOKEN, Circuit Judge.

Michael Mapes was a founder and substantial shareholder of Golden Palace Casinos, Inc. The predecessor of MTR Gaming Group, Inc. ("MTR"), acquired Golden Palace through a stock exchange agreement, and Mapes later sued the acquirer for breach of that agreement. On June 30, 1995, the parties settled the lawsuit by entering into a Settlement Agreement. One year later, MTR refused...

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