MHC INVESTMENT CO. v. RACOM CORP.

No. 02-3162.

323 F.3d 620 (2003)

MHC INVESTMENT CO., Plaintiff, v. RACOM CORPORATION, Defendant, Shuttleworth & Ingersoll, Appellant. Racom Corporation, Third Party Plaintiff, v. Ronald W. Stepien, Dennis H. Melstad, David Sokol, Third Party Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 17, 2003.


Attorney(s) appearing for the Case

Nicholas Critelli, Jr., argued, Des Moines, IA (on the brief David L. Brown) for appellant.

Before MORRIS SHEPPARD ARNOLD, BRIGHT, and SMITH, Circuit Judges.


BRIGHT, Circuit Judge.

MHC Investment Company (MHC), a subsidiary of MidAmerican Energy, invested $10 million in Racom Corporation (Racom), a seller and servicer of two-way radio equipment and systems. MHC filed suit against Racom alleging breach of contract. Racom hired the law firm of Shuttleworth & Ingersoll (Shuttleworth). Racom responded by pleading affirmative defenses of fraudulent inducement, lack of authority on the part of Racom's Board of Directors...

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