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E3 BIOFUELS, LLC v. BIOTHANE, LLC

No. 14-1894.

781 F.3d 972 (2015)

E3 BIOFUELS, LLC, Plaintiff-Appellant v. BIOTHANE, LLC, successor in interest and liability to Biothane Corporation; Perennial Energy, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 25, 2015.

Attorney(s) appearing for the Case

Randall Rhodes , argued, Leawood, KS, ( Evan A. Douthit , Leawood, KS, Daniel P. Chesire , Jason W. Grams , Omaha, NE, on the brief), for Plaintiff-Appellant.

Kristina J. Kamler , argued, Omaha, NE, ( Stephen G. Olson, II , Omaha, NE, on the brief), for Defendant-Appellee Perennial Energy, Inc.

Randy P. Scheer , argued, Springfield, MO, ( William Henry Selde , Omaha, NE, S. Jacob Sappington , Springfield, MO, on the brief), for Defendant-Appellee Biothane, LLC.

Before RILEY, Chief Judge, BEAM and GRUENDER, Circuit Judges.

After a boiler explosion, E3 Biofuels, LLC ("E3") sued Biothane, LLC and Perennial Energy, Inc. ("PEI"). The district court1 granted summary judgment to Biothane and PEI. After finding that diversity jurisdiction existed, the court held that Nebraska's two-year statute of limitations for professional...

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