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CARDINAL HEALTH 110, INC. v. CYRUS PHARMACEUTICAL, LLC

Nos. 07-3619, 08-1200.

560 F.3d 894 (2009)

CARDINAL HEALTH 110, Inc., formerly known as Whitmire Distribution Corporation, Appellee, v. CYRUS PHARMACEUTICAL, LLC, also known as Cyrus Pharmaceutical Co., LLC, doing business as Cyrus Pharmacy; Kian Shafe; Judith J. Shafe, Appellants, Kendallwood Investment, LLC; Kendallwood Retirement Homes, Inc., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 31, 2009.

Attorney(s) appearing for the Case

Luke Andrew Demaree, argued, James A. Kessinger, on the brief, Kansas City, MO, for appellant.

Robert J.E. Edwards, argued, Richard Fritz, Daniel R. Zmijewski, on the brief, Kansas City, MO, Shari L. Heyen, Jana K. Terry, on the brief, Houston, TX, for appellee.

Before RILEY, BOWMAN, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

Cardinal Health 110, Inc. (Cardinal) sued Cyrus Pharmaceutical, LLC (Cyrus), Judith Shafe (Ms. Shafe) and Kian Shafe (Mr. Shafe) (collectively, Shafes), Kendallwood Investment, LLC (KI), and Kendallwood Retirement Homes, Inc. (KRH) based upon a Credit Application and Agreement (Credit Agreement) for Cardinal's sale of pharmaceuticals to Cyrus. The district court1 granted Cardinal summary judgment on claims of breach...

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