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AMERICAN PRAIRIE CONSTRUCTION CO. v. HOICH

Nos. 08-1288, 08-1394.

594 F.3d 1015 (2010)

AMERICAN PRAIRIE CONSTRUCTION CO., formerly known as North Central Construction, Inc., Appellee/Cross-Appellant, v. John HOICH, Defendant, Tri-State Financial, LLC, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 16, 2010.

Attorney(s) appearing for the Case

David L. Nadolsi, argued, Nicole Nachtigal Emerson, on the brief, Sioux Falls, SD, for appellant.

Patrick J. Lee-O'Halloran, Marvin T. Fabyanski, Minneapolis, MN, Ronald J. Hall, Aberdeen, SD, for appellee.

Before MURPHY, RILEY, and GRUENDER, Circuit Judges.

RILEY, Circuit Judge.

Tri-State Financial, LLC (TSF) appeals the district court's finding that TSF formed an enforceable settlement agreement with North Central Construction, Inc. (NCC)1 on June 21, 2004, during bankruptcy proceedings for Tri-State Ethanol (TSE).2 NCC cross-appeals, claiming the district court abused its discretion by denying NCC reasonable attorney fees. Because no enforceable contract was...

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