NIEMI v. LASSHOFER

No. 13-1256.

770 F.3d 1331 (2014)

John NIEMI; Robert Naegele, III; Jesper Parnevik, Plaintiffs-Appellees, v. Erwin LASSHOFER; Innovatis GMBH; Innovatis Immobilien GMBH; Innovatis Asset Management SA, Defendants-Appellants, and Michael Frank Burgess; Lexington Capital & Property Investments, LLC; Barry Funt; Credit Suisse AG, Defendants.

United States Court of Appeals, Tenth Circuit.

November 4, 2014.


Attorney(s) appearing for the Case

Kevin D. Evans ( Phillip L. Douglass with him on the briefs), Steese, Evans & Frankel, P.C., Denver, CO, for the Defendants-Appellants.

Michael Lee Bender ( Robert N. Miller and Michael A. Sink , Perkins Coie LLP; Denver, CO, and Christopher W. Madel , Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, MN, on the briefs), Perkins Coie LLP, Denver, CO, for the Plaintiffs-Appellees.

Before LUCERO, O'BRIEN, and GORSUCH, Circuit Judges.


LUCERO, Circuit Judge.

John Niemi, Robert Naegele, III, and Jesper Parnevik ("Plaintiffs" or "Appellees") claim that Erwin Lasshofer and three companies affiliated with him (the "Lasshofer Defendants" or "Appellants"), along with other co-conspirators, perpetrated a fraudulent financing scheme that caused the collapse of Plaintiffs' large-scale real estate development project in Breckenridge, Colorado. The district court rejected the Lasshofer Defendants' challenges...

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