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SWENSON v. BUSHMAN INV. PROPERTIES, LTD.

Case No. 10-cv-00175-EJL.

870 F.Supp.2d 1049 (2012)

In the matter of Douglas L. SWENSON, Jeremy Swenson, and David Swenson, Petitioners, v. BUSHMAN INVESTMENT PROPERTIES, LTD., a Utah limited partnership, Holman DBSI Arapahoe, LLC, a Utah limited liability company, John M. Claytor, as co-executor of the Estate of William M. Claytor, Charley A. Simmons, Shirley A. Simmons, Linda Grana, William J. Murphy, and Joseph Klem and Anna Klem 2003 Revocable Trust, Respondents.

United States District Court, D. Idaho.

April 27, 2012.

Attorney(s) appearing for the Case

John Joseph Janis, John W. Kluksdal, Kira Dale Pfisterer, Hepworth, Janis & Kluksdal, Boise, ID, Andrea D. Ostrovsky, Matthew A. Carvalho, Patricia A. Eakes, Yarmuth Wilsdon Calfo PLLC, Seattle, WA, for Petitioners.

Christopher F. Huntley, The Huntley Law Firm PLLC, Boise, ID, Edward Peter Sheu, Minneapolis, MN, for Respondents.

MEMORANDUM DECISION AND ORDER

EDWARD J. LODGE, District Judge.

INTRODUCTION

In January 2012, an arbitrator awarded the respondents in this case approximately $458,000 in damages plus an additional $2.27 million in "potential prospective" damages if certain contingencies occur. The respondents move to confirm the arbitration award (Dkt. 27), and the petitioners move to vacate it. (Dkts. 49, 57). The motions have been fully briefed and the Court...

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