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SHELTON v. KENNEDY FUNDING, INC.

No. 09-1670.

622 F.3d 943 (2010)

Virgil SHELTON, Appellee, v. KENNEDY FUNDING, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 24, 2010.

Attorney(s) appearing for the Case

David L. Williams , argued, Katherine M. Hingtgen , on the brief, Little Rock, AR, for appellant.

James Gerard Schulze , argued, Morgan E. Welch and Lloyd W. Kitchens, III , on the brief, Little Rock, AR, for appellee.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

This appeal arises out of the sale of an Arkansas cemetery. A jury awarded the cemetery's seller, Virgil Shelton, $1,675,000 on his breach-of-contract and fraud claims against Kennedy Funding, Inc. (KFI). KFI appeals. We affirm in part, reverse in part, and remand for reduction of Shelton's judgment to $675,000.

I. BACKGROUND

A. Factual Background2

1. Shelton Sells Rest in Peace to...

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