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BADGER CAPITAL v. CHAMBERS BANK OF NORTH ARKANSAS

No. 10-3067.

650 F.3d 1125 (2011)

BADGER CAPITAL, LLC; S. Bradley Daniels, Plaintiffs-Appellants, Jay Garnett; Karen Garnett, Plaintiffs, GWE Holdings, LLC; Terry Harper; LR Holdings, LLC; David Mix; Powell Properties, LLC; James Renner; Scott Smith; Arthur Starr; James Stilwell; Laura Stilwell, Plaintiffs-Appellants, v. CHAMBERS BANK OF NORTH ARKANSAS; Chamber Bancshares, Inc.; John Russell Meeks, Individually and as agent for Chambers Bank or North Arkansas and as agent for Northark Holdings LLC; John Doe, I, Individually and as agent for Chambers Bank or North Arkansas; John Doe, II, Individually and as agent for Chambers Bank or North Arkansas; Growth Group, LLC, Florida; Growth Group, LLC, Arkansas; Edward Davis, Individually and as agent for Growth Group, LLC-Florida and Growth Group, LLC-Arkansas; Rick Hancock, Individually and as agent for Growth Group, LLC-Florida, Growth Group, LLC-Arkansas and Strategic Builders, LLC; Morgan Hooker, Individually and as agent for Growth Group, LLC-Florida, Growth Group, LLC-Arkansas and Strategic Builders, LLC; Mitchell Massey, Individually and as agent for Growth Group, LLC-Florida, Growth Group, LLC-Arkansas, Strategic Builders, LLC and Growth Ventures, LLC; Growth Ventures, LLC; Scott McLain, Individually and as agent for Growth Ventures, LLC and McLain Group, LLC; Dirk Van Veen, Individually and as agent for Growth Ventures, LLC and Zen Holdings, LLC; Heritage Coast Properties, LLC; Bruce Millender, Individually and as agent for Heritage Coast Properties, LLC; Strategic Builders, LLC; McLain Group, LLC; Watering Place, LLC; J.Y. Massey, Individually and as agent for Watering Place, LLC; Zon Holdings, LLC, Defendants-Appellees, Northark Holdings, LLC, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2011.

Rehearing Denied September 30, 2011.

Attorney(s) appearing for the Case

Shirley E. Jones , argued, Little Rock, AR, for appellants.

John C. Riedel , argued, Danville, AR, Daniel B. Thrailkill and Patrick McDaniel , Mena, AR, George Alan Wooten , Robert A. Frazier , and Emily M. Reynolds , Rogers, AR, Tom Tatum, Sr. , Danville, AR, on the brief, for appellees.

Before BYE and MELLOY, Circuit Judges, and ERICKSEN, District Judge.

MELLOY, Circuit Judge.

Badger Capital, LLC and its co-plaintiffs (collectively referred to as "the Investors") sued Chambers Bank of North Arkansas ("the Bank") for fraudulent concealment. Specifically, the Investors claimed that the Bank failed to disclose to the Investors certain information regarding a real-estate development. The district court2 granted summary judgment in favor of the Bank...

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