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KESSLER v. NATIONAL ENTERPRISES, INC.

Nos. 02-3715, 02-3774.

347 F.3d 1076 (2003)

Donald D. KESSLER, on his own behalf and on behalf of all others similarly situated; Mary L. Kessler, on her own behalf and on behalf of all others similarly situated; William L. Martin, on his own behalf and on behalf of all others similarly situated; Anita M. Martin, on her own behalf and on behalf of all others similarly situated; James W. Wallace, on his own behalf and on behalf of all others similarly situated; Doris F. Wallace, on her own behalf and on behalf of all others similarly situated; Carroll W. Brockwell, on his own behalf and on behalf of all others similarly situated; Cathryn Brockwell, on her own behalf and on behalf of all others similarly situated, Appellees/Cross-Appellants, v. NATIONAL ENTERPRISES, INC.; Arkansas No. 1, LCC, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 30, 2003.

Attorney(s) appearing for the Case

Peter G. Kumpe, argued, Little Rock, AR (Stephen B. Niswanger and Sarah M. Priebe, Little Rock, AR, on the brief), for Appellants/Cross-Appellees.

George Jay Bequette, argued, Little Rock, AR (Don M. Schnipper, Hot Springs, AR, on the brief), for Appellees/ Cross-Appellants.

Before BYE, FAGG and HANSEN, Circuit Judges.

BYE, Circuit Judge.

This is a class action dispute over a timeshare development in Hot Springs, Arkansas. The case originated in state court and was removed to federal district court based on diversity jurisdiction. This is the fourth decision the Eighth Circuit has issued in the case, all involving varied topics. The first resolved questions regarding the application of the D'Oench1 doctrine...

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