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168TH AND DODGE, LP v. RAVE REVIEWS CINEMAS, LLC

No. 06-3063.

501 F.3d 945 (2007)

168TH AND DODGE, LP, a Nebraska Limited Partnership, fka Brown Investment Partnership, LTD; Red Development of West Dodge, LLC, a Missouri Limited Liability Company, Appellants, v. RAVE REVIEWS CINEMAS, LLC, a Texas Limited Liability Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2007.

Rehearing and Rehearing Denied October 5, 2007.

Attorney(s) appearing for the Case

Michael F. Coyle, argued, David J. Stubstad and Sherman P. Willis, on the brief, Omaha, NE, for appellant.

Lynn S. McCreary, argued, Jeremiah J. Morgan, and Jennifer A. Donnelli, on the brief, Kansas City, MO, for appellee.

Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 5, 2007.

SMITH, Circuit Judge.

Red Development of West Dodge, LLC and 168th and Dodge, L.P (collectively "RED") filed suit against Rave Reviews Cinemas, LLC ("Rave") for breach of express contract, breach of implied contract, and promissory estoppel. Rave filed a motion to dismiss RED's complaint. The district court1 granted Rave's motion to dismiss with respect to the express contract...

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