H & Q PROPERTIES, INC. v. DOLL

No. 14-2811.

793 F.3d 852 (2015)

H & Q PROPERTIES, INC., a Nebraska corporation; John Quandahl; Mark Houlton, Plaintiffs-Appellants, v. David E. DOLL; Double D Properties, L.L.C., a Nebraska limited liability company; DDE, Inc., a Nebraska corporation formerly known as Double D Excavating, Inc.; HNGC, Inc., a Nebraska corporation formerly known as Dougle D Hook-N-Go Containers, Inc.; Nebraska Lowboy Services, Inc., a Nebraska corporation; Double D Excavating, Inc., an Iowa corporation; Load Rite Excavating, L.L.C., a Nebraska limited liability company formerly known as Down Dirty, L.L.C.; Doll Construction, L.L.C., a Nebraska limited liability company; New Era Excavation Company, a Nebraska corporation; Malvern Trust & Savings Bank, an Iowa state-chartered bank, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed July 15, 2015.


Attorney(s) appearing for the Case

Dana C. Bradford, III , argued, Justin D. Eichmann , on the brief, Omaha, NE, for appellant.

Counsel who presented argument on behalf of the appellees was Kathryn J. Derr , of Omaha, NE., for Appellees David E. Doll, Double D Properties, LLC DDE, Inc., HNGC, Inc., Nebraska Lowboy Services, Inc., Double D Excavating, INC., and Load Rite Excavating, LLC., Kari Anne Frye Scheer, of Lincoln, NE., for Appellee Malvern Trust & Savings Bank the following attorneys appeared on this Appellees brief; Terry C. Dougherty, of Lincoln, NE., Bruce Alan Smith, of Omaha, NE., and Aaron F. Smeall, of Omaha, NE, argued for Appellees New Era Excavation Co. and Doll Construction, LLC. The following attorney appeared on this appellees brief; Clay M. Rogers, of Omaha, NE.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.


Appellants H & Q Properties, Inc., John Quandahl, and Mark Houlton (collectively, "H & Q") appeal the district court's1 dismissal of their claims and denial of their motion for leave to file a second amended complaint alleging violations of both state law and the Racketeer Influenced and...

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