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LAFARGE NORTH AMERICA INC. v. HOMELAND READY-MIX

Case No. 08-1369-JTM.

697 F.Supp.2d 1230 (2009)

LAFARGE NORTH AMERICA INC., a Maryland Corporation, Plaintiff, v. HOMELAND READY-MIX, INC., a Kansas corporation, Robert R. O'Brien, and Dennis O'Brien, Defendants.

United States District Court, D. Kansas.

December 22, 2009.

Attorney(s) appearing for the Case

Eric W. Barth, Gregory S. Young, Wichita, KS, James L. Oakley, Thompson Coburn LLP, Chicago, IL, for Plaintiff.

Justice B. King, Fisher, Patterson, Sayler & Smith, LLP, Topeka, KS, for Defendants.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, Judge.

Plaintiff Lafarge North America, Inc., brought this action against defendants Homeland Ready-Mix, Inc., and two agents or officers, Robert and Dennis O'Brien, raising claims in the Amended Complaint for breach of guaranty (Count 1, against Robert O'Brien), breach of promissory note and confession of judgment (Count 2, against Homeland), and dishonored checks (Count 3, against Dennis O'Brien). The matter is before...

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