MOUNTAIN HIGHLANDS, LLC v. HENDRICKS

No. 09-2182.

616 F.3d 1167 (2010)

MOUNTAIN HIGHLANDS, LLC, an Oregon limited liability company, Plaintiff-Appellant, v. David B. HENDRICKS; Magnolia Mountain Limited Partnership, a Texas limited partnership, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 18, 2010.


Attorney(s) appearing for the Case

Steven S. Scholl ( David M. Wesner with him on the briefs), of Dixon, Scholl & Bailey, PA, Albuquerque, New Mexico, for Plaintiff-Appellant.

Donald A. Walcott ( Charles V. Henry, IV , with him on the briefs), of Scheuer, Yost & Patterson, P.C., Santa Fe, New Mexico, for Defendants-Appellees.

Before GORSUCH, McKAY, and CUDAHY, Circuit Judges.


McKAY, Circuit Judge.

In this case we must consider whether the district court erred when it granted summary judgment in favor of the Appellees, David Hendricks and Magnolia Mountain (collectively "Magnolia"), dismissing all of the claims Appellant, Mountain Highlands, brought against them. Because Mountain Highlands failed to present sufficient evidence in support of its claims, we hold the district court did not err in its decision.

In August 2003, Mountain...

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