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SCENIC HOLDING v. NEW BOARD, MISSION. BAP. CHURCH

No. 06-2934.

506 F.3d 656 (2007)

SCENIC HOLDING, LLC, Plaintiff/Appellant, v. The NEW BOARD OF TRUSTEES OF the TABERNACLE MISSIONARY BAPTIST CHURCH, INC.; Michael R. Thompson, trustee and representative (not individually) of the New Board of Trustees of the Tabernacle Missionary Baptist Church; Joe Givens, trustee and representative (not individually) of the New Board of Trustees of the Tabernacle Missionary Baptist Church; Vince Howard, trustee and representative (not individually) of the New Board of Trustees of the Tabernacle Missionary Baptist Church; Casey Roberts, trustee and representative (not individually) of Tabernacle Baptist Church, Defendants/Appellees, Keith Molden, Trustee of Tabernacle Missionary Baptist Church; Wilson Medlock, Trustee of Tabernacle Missionary Baptist Church; David Surratt, Trustee of Tabernacle Baptist Church; Don Molden, Trustee of Tabernacle Missionary Baptist Church, Intervenor Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 6, 2007.

Attorney(s) appearing for the Case

E.B. Chiles, IV, argued, Joseph R. Falasco, Benecia B. Moore, Matian M. McMullan, Kelly Halstead, on the brief, Little Rock, AR, for Appellant.

C. Richard Crockett, argued, Little Rock, AR, for Joe Givens, Michael R. Thompson, and The New Board of Trustees of the Tabernacle Missionary Baptist Church.

William L. Owen, argued, Little Rock, AR, for Casey Roberts, Keith Molden, Wilson Medlock, David Surratt and Paula McMurrian.

Before LOKEN, Chief Judge, BYE and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Scenic Holding, LLC (Scenic), brought suit against the New Board of Trustees of the Tabernacle Missionary Baptist Church (New Board), as well as several trustees and representatives of the Tabernacle Missionary Baptist Church (Tabernacle), seeking to collect on a note executed by the New Board and to foreclose a mortgage on property belonging to Tabernacle. As an initial matter, the district court1 denied Scenic's...

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