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KANSAS PENN GAMING, LLC v. HV PROPERTIES OF KANSAS

Nos. 10-3209, 11-3173.

662 F.3d 1275 (2011)

KANSAS PENN GAMING, LLC, Plaintiff-Counter-Defendant-Appellee, v. HV PROPERTIES OF KANSAS, LLC, Defendant-Counter-Claimant-Appellant. HV Properties of Kansas, LLC, Plaintiff-Appellant, v. Penn National Gaming, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 13, 2011.

Attorney(s) appearing for the Case

C. Brooks Wood of Stinson Morrison Hecker LLC, Kansas City, MO, ( Robin K. Carlson of Stinson Morrison Hecker LLC, Kansas City, MO, and William M. Modrcin of Johnston, Ballweg & Modrcin, L.C., Overland Park, Kansas, with him on the briefs), for HV Properties of Kansas, LLC.

Christopher Tayback of Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA, ( Daniel C. Posner of Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA; William D. Beil and Daniel B. Hodes of Rouse Hendricks German May PC, Kansas City, MO, with him on the brief), for Kansas Penn Gaming, LLC, and Penn National Gaming, Inc.

Before BRISCOE, Chief Judge, BALDOCK and LUCERO, Circuit Judges.

BRISCOE, Chief Judge.

Plaintiff Kansas Penn Gaming, LLC (KPG), a limited liability corporation formed by Penn National Gaming, Inc. (Penn National), entered into a real estate sale contract with HV Properties of Kansas, LLC (HV), pursuant to which KPG purchased from HV parcels of land in southeast Kansas for $2.5 million for the purpose of seeking to develop a lottery gaming facility on the land. KPG ultimately chose not to develop a lottery gaming facility on the...

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