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LNV CORP. v. OUTSOURCE SERVICES MANAGEMENT, LLC

No. 16-2412.

869 F.3d 662 (2017)

LNV CORPORATION, Plaintiff-Appellee, v. OUTSOURCE SERVICES MANAGEMENT, LLC, a Nevada limited liability company, doing business as Presidium Asset Solutions; BF-Negev, LLC, a Minnesota limited liability company, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2017.

Attorney(s) appearing for the Case

Robert A. Ackermann , CLMG Corporation, Plano, TX, Katherine Nicole Arnold , James Kevin Langdon, II , Dorsey & Whitney , Eric John Magnuson , Robins & Kaplan, Minneapolis, MN, Daniel J. Carrigan , Baker & Donelson, Washington, DC for Plaintiff-Appellee.

Mae J. Beeler , Aaron R. Hartman , Monroe & Moxness, Minneapolis, MN for Defendants-Appellants.

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

LNV Corporation sued Outsource Services Management, LLC (OSM) to recover its share of the sale proceeds of a promissory note. OSM counterclaimed alleging that LNV owed OSM millions of dollars for loan advances that it paid for LNV's benefit. OSM also asserted, as a defense to LNV's suit, that LNV's prior breach of contract excused...

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