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FEENEY v. AT & E, INC.

No. 06-1500.

472 F.3d 560 (2006)

Doug FEENEY; Doreen Feeney; Prime-Line, Inc., an Arkansas Corporation, Plaintiffs/Appellees, v. AT & E, INC., a Nevada Corporation, Defendant/Appellant, Frank Mitan; Sun Capital, Inc., a Florida Corporation, Defendants, Kenneth Mitan, originally sued as John Smith, also known as John Adams Smith doing business as MergerOne, also known as John Smith, also known as John Adams, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 29, 2006.

Attorney(s) appearing for the Case

Joe D. Byars, Jr., Fort Smith, AR, for Plaintiffs/Appellees.

Daniel Richard Carter, James & Carter, Little Rock, AR, for Defendant/Appellant.

Before RILEY and COLLOTON, Circuit Judges, and KYLE, District Judge.

COLLOTON, Circuit Judge.

In the fall of 2004, Kenneth Mitan reached an agreement with Doug and Doreen Feeney to buy the Feeneys' company, Prime-Line, Inc. Under the stock purchase agreement, Mitan's company, AT & E, Inc., purchased from the Feeneys all 300 outstanding shares of Prime-Line stock. When Mitan failed to make certain payments required by the agreement, the Feeneys filed an action against Mitan in the district court, claiming fraud in the inducement...

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