FRIEDMAN & FRIEDMAN, LTD. v. TIM McCANDLESS, INC.

Nos. 08-2976, 08-3128.

606 F.3d 494 (2010)

FRIEDMAN & FRIEDMAN, LTD., an Illinois Corporation; Jeanne Enders; Arie S. Friedman; Gail Tuler Friedman; Eugene F. Friedman, Plaintiffs-Appellees/Cross-Appellants, v. TIM McCANDLESS, INC., an Iowa Corporation; Paul Roloff, Defendants-Appellants/Cross-Appellees, Swieter Aircraft Services, Inc; Irwin Swieter; Richard Baxter, Defendants, State of Iowa ex rel. Civil Reparations Trust Fund, Intervenor-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 25, 2010.


Attorney(s) appearing for the Case

Max E. Kirk, argued, Waterloo, IA, for appellant.

Eugene F. Friedman, argued, Gail Tuler Friedman, on the brief, Chicago, IL, for appellee.

Richard Eugene Mull, AAG, Ames, IA, for Intervenor-Appellee, State of Iowa.

Before WOLLMAN, MURPHY and BYE, Circuit Judges.


MURPHY, Circuit Judge.

Friedman & Friedman, Ltd.1 (Friedman) brought this action against Tim McCandless, Inc. (McCandless) which sold it an airplane which allegedly failed to comport with the contract and with the representations by the seller and its sales manager Paul Roloff.2 A jury returned a verdict in Friedman's favor, finding that McCandless had breached the contract and that McCandless and Roloff...

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