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DMK BIODIESEL, LLC v. McCOY

No. S-12-699.

830 N.W.2d 490 (2013)

285 Neb. 974

DMK BIODIESEL, LLC, a Nebraska limited liability company, and Lanoha RVBF, LLC, a Nebraska limited liability company, appellants, v. John McCOY et al., appellees.

Supreme Court of Nebraska.

May 24, 2013.

Attorney(s) appearing for the Case

David A. Domina , Omaha, and Brandon B. Hanson , of Domina Law Group, P.C., L.L.O., for appellants.

Daniel L. Lindstrom and Justin R. Herrmann , of Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O., Kearney, for appellees John McCoy et al.

Steve Grasz , Omaha, and Andrew Weeks , Lincoln, of Husch Blackwell, L.L.P., for appellee Renewable Fuels Technology, LLC.

HEAVICAN, C.J., CONNOLLY, STEPHAN, MILLER-LERMAN, and CASSEL, JJ.

HEAVICAN, C.J.

NATURE OF CASE

DMK Biodiesel, LLC (DMK), and Lanoha RVBF, LLC (Lanoha), filed suit against Renewable Fuels Technology, LLC (Renewable Fuels), John McCoy, John Hanson, Phil High, and Jason Anderson in the Buffalo County District Court alleging fraudulent inducement. Renewable Fuels and the individual defendants filed a motion to dismiss for failure to state a claim and a motion to take judicial notice of the private placement memorandum and...

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