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CAPTIVA LAKE INVESTMENTS v. FIDELITY NAT'L TITLE

Nos. 16-1854, 16-1923.

883 F.3d 1038 (2018)

CAPTIVA LAKE INVESTMENTS, LLC, Plaintiff-Appellee v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, successor-by-merger to Lawyers Title Insurance Corporation, Defendant-Appellant. American Land Title Association; Missouri Land Title Association, Amici on Behalf of Appellant(s). Captiva Lake Investments, LLC, Plaintiff-Appellant v. Fidelity National Title Insurance Company, successor-by-merger to Lawyers Title Insurance Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2018.

Attorney(s) appearing for the Case

John M. Hessel , Jerina Dominique Phillips , Richard Allen Wunderlich , LEWIS & RICE, Saint Louis, MO, for Plaintiff-Appellee.

Gerard T. Carmody , Patrick Carmody , CARMODY & MacDONALD, Robert T. Haar , Jozef Kopchick , Margaret Kuhlman , HAAR & WOODS, Saint Louis, MO, for Defendant-Appellant.

Anthony Wayne Bonuchi , BONUCHI LAW, William E. Quirk , POLSINELLI, PC, Kansas City, MO, Michelle Clardy , POLSINELLI, PC, Saint Louis, MO, for Amicus on Behalf of Appellant(s).

Before WOLLMAN and LOKEN, Circuit Judges, and ROSSITER, District Judge.

National City Bank of the Midwest (National City) loaned Majestic Pointe Development Company, L.L.C. (Majestic Pointe), $21,280,000 in March 2006. Majestic Pointe planned to build a condominium development on the Lake of the Ozarks in Sunrise Beach, Missouri. To protect its security interest, National City purchased a title...

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