TIPTON v. MILL CREEK GRAVEL, INC.

No. 03-2821, 03-2868.

373 F.3d 913 (2004)

Marvin TIPTON, Plaintiff-Appellee, v. MILL CREEK GRAVEL, INC.; Defendant-Appellant, Ed Kelley; Dixie Kelley, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 28, 2004.

Rehearing Denied August 4, 2004.


Attorney(s) appearing for the Case

Frank M. Evans, III, argued, Springfield, MO (Mark A. Fletcher, on the brief), for appellants.

Bryan O. Wade, argued, Springfield, MO (Cory L. Collins and Ginger K. Gooch, on the brief), for appellee.

Before BYE, LAY, and SMITH, Circuit Judges.


LAY, Circuit Judge.

Marvin Tipton brought this shareholder derivative action against Ed and Dixie Kelley ("the Kelleys") on behalf of Mill Creek Gravel, Inc. ("Mill Creek"), alleging breach of a pre-incorporation agreement. The case went to trial, whereupon the jury found a breach of the agreement and awarded Mill Creek $1.5 million in damages. The Kelleys now appeal on numerous grounds; we affirm in part and reverse in part.

I. BACKGROUND

The Kelleys...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases