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AMERICAN PRAIRIE CONST. CO. v. HOICH

Nos. 08-1288, 08-1292, 08-1394.

560 F.3d 780 (2009)

AMERICAN PRAIRIE CONSTRUCTION COMPANY, formerly known as North Central Construction, Inc., Appellee/Cross-Appellant, v. John HOICH, Appellant/Cross-Appellee, v. Tri-State Financial, LLC, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 24, 2009.

Attorney(s) appearing for the Case

David L. Nadolski, argued, Nicole Nachtigal Emerson, on the brief, Sioux Falls, SD, for appellant Tri-State.

Stuart T. Williams, argued, Minneapolis, MN, Eugene R. Robinson, on the brief, Sioux Falls, SD, Court J. Anderson, on the brief, Minneapolis, MN, for appellant Hoich.

Patrick J. Lee-O'Halloran, argued, Minneapolis, MN, Marvin T. Fabyanski, on the brief, Minneapolis, MN, Ronald J. Hall, on the brief, Aberdeeb, SD, for appellee American Prairie Construction.

Before MURPHY, RILEY, and GRUENDER, Circuit Judges.

RILEY, Circuit Judge.

Tri-State Financial, LLC (TSF) and John Hoich (Hoich) appeal the district court's finding that TSF and Hoich were parties to a binding settlement agreement formed with North Central Construction, Inc. (NCC)1 on June 21, 2004, during bankruptcy proceedings for Tri-State Ethanol (TSE). The district court found TSF and Hoich breached the agreement and were jointly and severally liable to NCC in the amount of $2.5 million...

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