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FORTUNE FUNDING, LLC v. CERIDIAN CORP.

No. 02-4031.

368 F.3d 985 (2004)

FORTUNE FUNDING, LLC, a Florida Limited Liability Company, Appellant, v. CERIDIAN CORPORATION, a Delaware Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 2, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Gary A. VanCleve of Bloomington, Minnesota. Also appearing on the brief was Christopher J. Deike.

Counsel who presented argument on behalf of the appellee was Steven J. Wells of Minneapolis, Minnesota. Also appearing on the brief was Randall R. Frykberg.

Before MORRIS SHEPPARD ARNOLD, LAY, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Fortune Funding, LLC (Fortune) sued Ceridian Corporation (Ceridian), alleging (1) Ceridian breached a lease agreement between Fortune and Ceridian (Lease); (2) committed waste of the leased property; and (3) in 1985, fraudulently misrepresented the leased property's condition. On cross-motions for summary judgment, the district court1 granted partial summary judgment to Ceridian...

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