Civil Practice : Failure To State Claim – Breach Of Contract – Arkansas Law

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Where plaintiff, which provided aircraft-related services, brought an action claiming a county and its airport commission interfered with its business operations, dismissal of the claims is affirmed because the plaintiff failed to state a breach of contract claim recognized by Arkansas law and also failed to plead a viable tort  claim, and the district court was within its discretion to decline to exercise supplemental jurisdiction over two remaining state law claims.

Judgment is affirmed.

Mountain Home Flight Service, Inc. v. Baxter County, Arkansas (MLW No. 66654/Case No. 12-3000 – 12 pages) (U.S. Court of Appeals, 8^th Circuit, Kelly, J.) Appealed from U.S. District Court, Western District of Arkansas, Holmes III, J. (David Glenn Nixon, Springdale, Arkansas, argued for appellant; Dee Studebaker appeared on the brief) (Jason E Owens, Little Rock, Arkansas; Michael R. Rainwater, Little Rock, Arkansas; Geoffrey Thompson, Little Rock, Arkansas; David L. Ethredge, Mountain Home, Arkansas; Johnnie A. Copeland, Mountain Home, Arkansas; and John Otis Russo, Mountain Home, Arkansas, for appellees).

Read the full text of this opinion. (PDF)