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WHITNEY v. GUYS, INC.

No. 11-3050.

700 F.3d 1118 (2012)

Joseph H. WHITNEY, Plaintiff-Appellant v. The GUYS, INC.; Agora Solution Corp.; MyBillingServices, Inc.; Info Billing, Inc.; MyTeleservices, Inc.; LaurenTel, Inc.; GreenTreeData, Inc.; LowCostBilling, Inc.; YourBillingSolutions, Inc.; MySuperLotto, Inc.; MyPrizeAwards Corp.; MyServiceAndSupport, Inc.; XYZ, Inc.; John R. Morrison, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 6, 2012.

Attorney(s) appearing for the Case

Mark J. Kallenbach, argued, Minneapolis, MN, for appellant.

Russell S. Ponessa, argued, Kevin R. Coan, Charlie R. Alden, on the brief, Minneapolis, MN, for appellees.

Before RILEY, Chief Judge, MELLOY and SMITH, Circuit Judges.

MELLOY, Circuit Judge.

Plaintiff Joseph H. Whitney appeals the district court's dismissal of his declaratory judgment, contract, unjust-enrichment, tort, and shareholder claims. Applying a choice-of-law analysis, the district court dismissed the contract and unjust-enrichment claims as barred by a Delaware statute of limitations and dismissed the tort and declaratory judgment claims as derivative of the contract claims. The district court dismissed the shareholder...

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