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McADAMS v. McCORD

No. 09-1303.

584 F.3d 1111 (2009)

Joseph McADAMS; JBM, LLC; Florian Homm; Absolute Return Europe Fund, LTD; The Loyr Foundations; Europe Catalyst Fund; Richard Smyth, Plaintiffs-Appellants, v. William McCORD; Daniel Moudy; Lynn Bradley; David Colwell, Defendants, Moore Stephens Frost, PLC, Defendant-Appellee, William McCord, Counter Claimant, v. Joseph McAdams; Florian Homm, Counter Defendants, Daniel Moudy, Third Party Plaintiff, v. UCAP, Inc., Third Party Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: October 20, 2009.

Attorney(s) appearing for the Case

Marcus Neil Bozeman, argued, James Allen Carney, Tiffany Oldham, Little Rock, AR, Thomas Brent Walker, Cabot, AR, Glenn A. Delk, Atlanta, GA, on the brief, for appellant.

Christian Reginald Bartholomew, argued, Washinton, DC, Jill M. Baisinger, Philadelphia, PA, on the brief, for appellee.

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

UCAP, Inc. was a multi-state provider of mortgage lending and brokerage services. In April 2004, UCAP announced that it believed it would have to restate its financial statements for the periods ending September 30, 2002; December 30, 2002; and March 31, 2003. Six months later, UCAP's wholly-owned, principal operating subsidiary filed for Chapter 11 bankruptcy. UCAP soon ceased operations, and its stock was delisted in 2005.

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