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BAER GALLERY, INC. v. CITIZEN'S SCHOLARSHIP FOUNDATION OF AMERICA, INC.

No. 05-2620.

450 F.3d 816 (2006)

THE BAER GALLERY, INC., Appellant, v. CITIZEN'S SCHOLARSHIP FOUNDATION OF AMERICA, INC., now known as Scholarship America, Inc., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 16, 2006.

Attorney(s) appearing for the Case

Joseph S. Jaworski, argued, Glaveston, TX (Paul A. Sortland of Minneapolis, MN, on the brief), for appellant.

Eleasalo V. Ale, argued, Minneapolis, MN (Martin S. Chester, on the brief), for appellee.

Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.

WOLLMAN, Circuit Judge.

The Baer Gallery, Inc. (Baer Gallery) sued Citizens' Scholarship Foundation, Inc., now known as Scholarship America, Inc. (Scholarship America) for fraud and breach of contract. The district court1 granted summary judgment in favor of Scholarship America, and Baer Gallery appeals. We affirm.

I.

Baer Gallery is owned by artist Dean Baer and exists to promote his artwork. Following the September...

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