ART MIDWEST INC. v. ATLANTIC LIMITED PARTNERSHIP XII

No. 11-11140.

742 F.3d 206 (2014)

ART MIDWEST INCORPORATED, a Nevada Corporation; American Realty Trust Incorporated, a Georgia Corporation, Plaintiffs-Intervenor Defendants-Appellants v. ATLANTIC LIMITED PARTNERSHIP XII, a Michigan Limited Partnership; Regional Properties Limited Partnership, a Michigan Limited Partnership, Intervenor Plaintiffs-Appellees v. David M. Clapper; Atlantic Midwest L.L.C., a Michigan Limited Liability Company; Atlantic XIII L.L.C., a Michigan Limited Liability Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 3, 2014.


Attorney(s) appearing for the Case

Harry A. Rosenberg, Esq. , Senior Attorney, Christopher Kent Ralston , Phelps Dunbar, L.L.P., New Orleans, LA, Carter Boisvert , Friedman & Feiger, L.L.P., Dallas, TX, for Plaintiff-Intervenor Defendant-Appellant.

Andrew W. Mychalowych, Esq. , Meghan W. Cassidy, Esq. , Siciliano, Mychalowych, Van Dusen & Feul, Farmington Hills, MI, for Intervenor Plaintiff-Appellee/ Defendant-Appellee.

Before ELROD and HIGGINSON, Circuit Judges, and JACKSON, District Judge.


HIGGINSON, Circuit Judge:

The fifteen-year history of this case, arising from the collapse of a real estate transaction, both complicates and clarifies this appeal. It complicates because the record exceeds 10,000 pages, and spans a trial, an appeal, a remand, and a second trial. It clarifies because more than a decade of litigation has narrowed the issues open to us.

One issue in particular dominated the parties' briefs and oral argument: whether the decision...

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