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TERRA VENTURE, INC. v. JDN REAL ESTATE-OVERLAND

No. 04-3492.

443 F.3d 1240 (2006)

TERRA VENTURE, INC.; Terra Venture Realty, Inc., Plaintiffs-Appellants, v. JDN REAL ESTATE-OVERLAND PARK, L.P., a Georgia Limited Partnership; JDN Realty Corporation, a Georgia corporation; JDN Development Company, Inc., a Delaware corporation; Belle Meade Acquisition Corporation, a Georgia corporation; Developers Diversified Realty Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 7, 2006.

Attorney(s) appearing for the Case

William M. Modrcin (Erin N. Schmidt with him on the briefs), Stinson Morrison Hecker LLP, Kansas City, MO, for Plaintiffs-Appellants.

Robert W. Tormohlen (Leland H. Corley with him on the brief), Lewis Rice & Fingersh, L.C., Kansas City, MO, for Defendants-Appellees.

Before LUCERO, McKAY, and McCONNELL, Circuit Judges.

McKAY, Circuit Judge.

This lawsuit concerns the division of labor and capital associated with 100 acres of undeveloped property in Overland Park, Kansas. Originally, Plaintiffs entered into an agreement to purchase this plot of land from a company called Ranch Mart, Inc. However, before closing with Ranch Mart, Plaintiffs entered into an agreement with Defendants whereby Plaintiffs assigned their rights and interests in the land to Defendants ("Assignment Agreement...

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