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LAFARGE NORTH AMERICA v. DISCOVERY GROUP L.L.C.

No. 08-2210.

574 F.3d 973 (2009)

LAFARGE NORTH AMERICA, INC., formerly known as Lafarge Corporation, Plaintiff-Appellant, v. DISCOVERY GROUP L.L.C.; Explorer Investments 1 L.L.C.; Steven J. Tharpe; Douglas E. Pope, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 27, 2009.

Attorney(s) appearing for the Case

James L. Moeller, argued, Barrett Jay Vahle, on the brief, Kansas City, MO, for appellant.

Richard H. Kuhlman, argued, Geoffrey Gerald Gerber, Jill W. Lens, on the brief, St. Louis MO, for appellee.

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

Lafarge North America, Inc. ("Lafarge") appeals from the district court's order granting summary judgment in favor of Discovery Group L.L.C. ("Discovery Group"), Explorer Investments 1 L.L.C. ("Explorer"), Steven Tharpe, and Douglas Pope (collectively, the "Defendants") on its claims for breach of contract, negligent and fraudulent misrepresentation, breach of fiduciary duty, negligence, and rescission. We reverse.

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