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MENARD, INC. v. DIAL-COLUMBUS, LLC

No. 14-1741.

781 F.3d 993 (2015)

MENARD, INC. a Wisconsin Corporation, Plaintiff-Appellee v. DIAL-COLUMBUS, LLC, a Nebraska limited liability company also known as Dial Columbus, LLC; DKC-Columbus, LLC, a Nebraska limited liability company, Defendants. Terry L. Clauff, a Nebraska resident, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 26, 2015.

Attorney(s) appearing for the Case

Mark Davis Hill , argued, Omaha, NE, ( Michael Sean Degan , Omaha, NE, on the brief), for appellant.

Kory D. George , argued, Denver, CO, ( Kerry L. Kester , Lincoln, NE, on the brief), for appellee.

Before LOKEN, BEAM, and COLLOTON, Circuit Judges.

The district court granted summary judgment in favor of Menard, Inc., on its claim that Terry Clauff is jointly and severally liable for a contract he signed on behalf of DKC-Columbus, LLC, before the company came into existence. We reverse.

I. BACKGROUND

Menard is a Wisconsin corporation that owns and operates...

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