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BP GROUP, INC. v. CAPITAL WINGS AIRLINES, INC.

Civil No. 09-2040 (JRT/JSM).

BP GROUP, INC. Plaintiff, v. CAPITAL WINGS AIRLINES, INC., and DAVID N. KLOEBER, JR., Defendants. and DAVID N. KLOEBER, JR., Cross-Claimant, v. GERALD L. TROOIEN, Cross-Defendant.

United States District Court, D. Minnesota.

March 14, 2011.

Attorney(s) appearing for the Case

Aaron Mills Scott and Gary M. Hansen, OPPENHEIMER WOLFF & DONNELLY LLP, 45 South Seventh Street, Suite 3300, Minneapolis, MN 55402, for plaintiff.

Michael H. Streater and Christianne A. R. Whiting, BRIGGS & MORGAN, PA, 80 South Eighth Street, Suite 2200, Minneapolis, MN 55402, for defendant/cross-claimant David N. Kloeber, Jr.

George G. Eck, DORSEY & WHITNEY LLP, 50 South Sixth Street, Suite 1500, Minneapolis, MN 55402, for cross-defendant Gerald L. Trooien.

MEMORANDUM OPINION AND ORDER

JOHN R. TUNHEIM, District Judge.

This case concerns a contract between BP Group, Inc. ("BP Group") and Capital Wings Airlines, Inc. ("CWA") for which defendant David N. Kloeber, Jr. is a guarantor. BP Group and Kloeber have cross-filed motions for summary judgment, and BP Group has also moved to strike the expert report proffered by Kloeber. Because the contract was clearly breached and because Kloeber's affirmative defenses...

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