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ARETE PARTNERS, L.P. v. GUNNERMAN

No. 06-51133.

594 F.3d 390 (2010)

ARETE PARTNERS, L.P., Plaintiff-Appellee, v. Rudolf W. GUNNERMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 13, 2010.

Attorney(s) appearing for the Case

Roger James George, Jr., Trial Atty. (argued), Julie Anne Ford, George & Brothers, L.L.P., Austin, TX, for Plaintiff-Appellee.

Jeffrey Mark Tillotson, John Volney (argued), Lynn, Tillotson, Pinker & Cox, L.L.P., Dallas, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Arete Partners, L.P. sued Rudolf Gunnerman for breach of contract and fraud in connection with a settlement agreement entered by the parties. Gunnerman appeals from the district court's judgment finding in favor of Arete on its fraud claim, arguing that the district court erred by: (1) misapplying Texas law to find that Gunnerman had fraudulent intent; (2) finding fraudulent intent based on the facts...

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