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DEER CREST ASSOCIATES v. AVALON DEER VALLEY

No. 07-4164.

566 F.3d 1246 (2009)

DEER CREST ASSOCIATES I, L.L.C., Utah limited liability company, Plaintiff-Counter-Defendant-Appellee, v. AVALON DEER VALLEY, L.L.C., an Oregon limited liability company; Willamette Landing Development, Inc., an Oregon corporation; A. Paul Brenneke, an individual, Defendants-Counter-Claimants-Appellants, v. Deer Crest Resort Group, L.L.C., a Delaware limited liability company, Counterclaim-Defendant.

United States Court of Appeals, Tenth Circuit.

June 2, 2009.

Attorney(s) appearing for the Case

Julianne P. Blanch, Snow, Christensen & Martineau, (Paxton R. Guymon, Joel T. Zenger, and Miller Guymon, Salt Lake City, UT, with her on the briefs), appearing for Appellants.

Troy L. Booher (Dan R. Larsen, with him on the briefs), Snell & Wilmer, LLP, Salt Lake City, UT, appearing for Appellee.

Before TACHA, MURPHY, and TYMKOVICH, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-Appellee Deer Crest Associates I, L.C. ("Deer Crest") and the Defendants-Appellants (collectively, "Avalon") contracted for a construction project on Deer Crest's land. Deer Crest ultimately filed suit against Avalon for, among other claims, breach of contract. Avalon counterclaimed. After motions for summary judgment and a bench trial, the district court entered final judgment for Deer Crest on each of its claims and against Avalon...

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