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ENTERPRISE FINANCIAL GROUP, INC. v. PODHORN

No. 18-1591.

930 F.3d 946 (2019)

ENTERPRISE FINANCIAL GROUP, INC., Plaintiff-Appellant, v. Richard PODHORN; GR3 Construction, LLC; Capital Constructors Development, LLC; SLC Group, LLC; CLS Group, LLC; LCS Group, LLC; Cornerstone Investors, LLC; CapDev, LLC; Wilmer Farms, LLC; Highland Management Group, LLC; Maundeigh-Blu, LP; Maundeigh-Blu Management Company, Inc.; Richard J. Podhorn Revocable Trust U/T/A Dated May 18, 2006; Locomotive Investments, LP; HSWB, LLC; HS157, LLC; PFWB, LLC; WB1, LLC; 6ND, LLC; 6NWB, LLC; Missouri Equity Solutions, LLC; MO Housing & Re-Development, LLC; Contract Holdings, Inc.; Simpson Living Trust; Automotive Professional Resources, LLC; JCL Realty, LLC; James Capital Investments, LP; 4S Development, LLC; Wentzville Cinema Company, LLC, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2019.

Attorney(s) appearing for the Case

Richard M. Elias , Tamara M. Spicer , ELIAS & GUTZLER, Saint Louis, MO, Bart F. Higgins , David A. Shields , James D. Shields , SHIELDS LEGAL GROUP, Addison, TX, Peter Michael Jung , CLARK HILL & STRASBURGER, Dallas, TX, for Plaintiff-Appellant.

Andrew Rain Kasnetz , Clayton, MO, Zachary S. Merkle , Stephen Michael Murphy , Saint Louis, MO, SANDBERG & PHOENIX, for Defendants-Appellees Richard Podhorn, GR3 Construction, LLC, Capital Constructors Development, LLC, CapDev, LLC, Wilmer Farms, LLC, HSWB, LLC, HS157, LLC, PFWB, LLC, WB1, LLC, 6ND, LLC, 6NWB, LLC, and Contract Holdings, Inc.

Brian E. McGovern , MCCARTHY & LEONARD, Chesterfield, MO, for Defendants-Appellees SLC Group, LLC, CLS Group, LLC, LCS Group, LLC, Cornerstone Investors, LLC, Highland Management Group, LLC, Maundeigh-Blu, LP, Maundeigh-Blu Management Company, Inc., Locomotive Investments, LP, Missouri Equity Solutions, LLC, MO Housing & Re-Development, LLC, Automotive Professional Resources, LLC, JCL Realty, LLC, and James Capital Investments, LP.

Justin David Perryman , PERRYMAN LAW OFFICE, Saint Louis, MO, for Defendant-Appellee Simpson Living Trust.

Andrew Rain Kasnetz , Clayton, MO, Zachary S. Merkle , Saint Louis, MO, SANDBERG & PHOENIX, for Defendants-Appellees 4S Development, LLC and Wentzville Cinema Company, LLC.

Before SMITH, Chief Judge, COLLOTON and ERICKSON, Circuit Judges.

Enterprise Financial Group, Inc. sued Richard Podhorn, GR3 Construction, LLC, and several affiliated entities, advancing a claim under the Missouri Uniform Fraudulent Transfer Act. The district court dismissed the complaint without prejudice on the ground that there was no case or controversy because Enterprise lacked Article...

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