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MOUNTAIN PURE, LLC v. TURNER HOLDINGS, LLC

No. 05-2213.

439 F.3d 920 (2006)

MOUNTAIN PURE, LLC, Plaintiff-Appellant, v. TURNER HOLDINGS, LLC; Portola Packaging, Inc.; Stone Container Corporation; Consolidated Container Company, LLC, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 10, 2006.

Attorney(s) appearing for the Case

D.P. Marshall, Jr., argued, Jonesboro, AR (Brandon J. Harrison, Jonesboro, AR, and Timothy O. Dudley, Little Rock, AR, on the brief), for appellant.

Michael Stephen Bingham, argued, Little Rock, AR, for appellee Stone Container.

Bruce Munson and Brenna Ryan, Little Rock, AR, for appellee Turner Holdings.

Gary Corum, Little Rock, AR, for appellee Portola Packaging.

J. Cotten Cunningham, Little Rock, AR, for appellee Consolidated Container.

Before BYE, HEANEY, and MELLOY, Circuit Judges.

BYE, Circuit Judge.

Mountain Pure, LLC, appeals the district court's order dismissing its tort claims against Turner Holdings, LLC, Portola Packaging, Inc., Stone Container Corporation, and Consolidated Container Company, LLC, on grounds of res judicata and abstention. We reverse.

I

Mountain Pure bottles and sells water and juice. Turner Holdings, Portola Packaging, Stone Container and Consolidated Container (suppliers) provided Mountain Pure with...

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