In an action for breach of contract and various torts, district court judgment is reversed where the court erred in: 1) granting defendant summary judgment on a breach of contract claim as the parties’ contract was ambiguous on the disputed provisions, and thus both parties should have the opportunity to introduce extrinsic evidence favorable to their interpretation of the provisions; 2) granting defendant summary judgment on a fraudulent misrepresentation claim as there was a genuine issue of fact exists as to whether the disclosure of certain facts was material; and 3) granting defendant summary judgment on the claims for breach of fiduciary duty, negligence and rescission.
Read Lafarge North America, Inc. v. Discovery Group LLC, No. 08-2210
Appellate InformationAppeal from the United States District Court for the Western District of Missouri. Submitted: January 16, 2009Filed: July 27, 2009
JudgesBefore BYE, COLLOTON, and GRUENDER, Circuit Judges. Opinion by BYE, Circuit Judge.
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