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DUBINSKY v. MERMART, LLC

No. 09-2072.

595 F.3d 812 (2010)

John DUBINSKY, et al., Plaintiffs-Appellants, v. MERMART, LLC, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 10, 2010.

Attorney(s) appearing for the Case

Edward J. Sluys, argued, St. Louis, MO (Mitchell A. Margo, on the brief), for Plaintiffs-Appellants.

John D. Comerfort, argued, St. Louis, MO (Edward L. Dowd, Jr., James F. Bennett, on the brief), for Defendant-Appellee.

Before GRUENDER and SHEPHERD, Circuit Judges, and JARVEY, District Judge.

JARVEY, District Judge.

John Dubinsky, William Stern, Alvin Siteman, Eldon Schoenberg, David Rasch, and Jack Cregan ("Subordinate Bondholders") invested in a refinancing venture for a real estate development. They sued the developer of the project, Mermart, L.L.C. ("Mermart"), alleging breach of contract and demanding equitable accounting for failure to pay interest under the financing documents, as well as alleging unjust...

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