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DUNNE v. LIBBRA

No. 04-4184.

448 F.3d 1024 (2006)

Gerald M. DUNNE, Plaintiff-Appellant, v. Peter E. LIBBRA, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 18, 2006.

Attorney(s) appearing for the Case

Michael A. Gross, argued, St. Louis, MO, (Joseph F. Yeckel, St. Louis, MO, on the brief), for appellant.

Joe D. Jacobson, argued, Clayton, MO (Matthew R. Fields, Clayton, MO, on the brief), for appellee.

Before LOKEN, Chief Judge, McMILLIAN and MELLOY, Circuit Judges.

LOKEN, Chief Judge.

Gerald Dunne purchased Peter Libbra's controlling interest in Prairieland Construction, Inc. for $1,250,000, paying $200,000 cash and delivering an installment promissory note for the balance. When Libbra demanded payment on the note, Dunne sued Libbra for fraud under Missouri law. In an earlier appeal, we held that a forum selection clause in the purchase agreement did not bar a diversity suit in the Eastern District of Missouri. Dunne v. Libbra...

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