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WHITEBOX CONVERTIBLE v. IVAX CORP.

No. 06-2622.

482 F.3d 1018 (2007)

WHITEBOX CONVERTIBLE ARBITRAGE PARTNERS, L.P.; Whitebox Diversified Convertible Arbitrage Partners, L.P.; HFR RVA Combined Master Trust; Pandora Select Partners, L.P., Appellants, v. IVAX CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2007.

Attorney(s) appearing for the Case

Jeff I. Ross, argued, Minneapolis, MN (Jonathan F. Mack and Steven M. Pincus, Minneapolis, MN, on the brief), for appellants.

David C. Pollack, argued, Miami, FL (Jay B. Shapiro, Miami, on the brief), for appellee.

Before MELLOY, HANSEN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Appellants, a collection of partnerships and a unit trust (collectively referred to as "Whitebox"), filed suit against IVAX Corporation ("IVAX"), for breach of contract over IVAX's refusal to pay Whitebox a "make-whole" premium that Whitebox alleged it was owed under an indenture. The district court1 determined that Whitebox was not entitled to the make-whole premium and dismissed the complaint, with prejudice, for...

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