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BEARDMORE v. AMERICAN SUMMIT FINANCIAL HOLDINGS

Nos. 02-3370, 02-3371.

351 F.3d 352 (2003)

John R. BEARDMORE; Kathrine A. Beardmore; Terry Hedstrom, Plaintiffs/Appellees, v. AMERICAN SUMMIT FINANCIAL HOLDINGS, LLC, Defendant Third Party Plaintiff/Appellant, v. Superior Financial Holding Corporation; Briggs and Morgan, P.A.; Thomas P. Kell; Todd R. Haugan; Richard Leftcowitz, Third Party Defendants/Appellees. John R. Beardmore; Kathrine A. Beardmore, Plaintiffs/Appellants, v. American Summit Financial Holdings, LLC, Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 8, 2003.

Order Denying Petitions for Rehearing and Rehearing January 30, 2004.

Attorney(s) appearing for the Case

David F. Herr, argued, Minneapolis, MN (Scott R. Carlson, on the brief), for appellant.

Todd R. Haugan, argued, Wayzata, MN (Scott G. Knudson and Jack Y. Perry, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD and RILEY, Circuit Judges, and BOGUE, District Judge.

Order Denying Petitions for Rehearing and for Rehearing En Banc January 30, 2004.

RILEY, Circuit Judge.

American Summit Financial Holdings, LLC (American Summit) appeals the district court's grant of summary judgment to John and Kathrine Beardmore (collectively Beardmores), Thomas P. Kell, Todd Haugan, and Richard Leftcowitz (collectively Kell Group), and Superior Financial Holding Corporation (Superior). On summary judgment, the district court concluded ...

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