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Corporate Law

Contracts: Termination – Damages – Cost Avoided

Where a trial court found that an installer of fire protection systems materially breached an agreement with a purchaser allowing the purchaser to terminate the contract and the court discharged the purchaser’s remaining payment obligations and charged the cost of ...

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8th U.S. Circuit Court of Appeals: Corporate

Income tax; refund action   08-1638 General Mills Inc. & Subsidiaries, Plaintiff-Appellee, v. U.S., Defendant-Appellant Appeal From: U.S. District Court for the District of Minnesota Submitted: Nov. 14, 2008 Filed: Jan. 26, 2009 Before: Judges Wollman, Beam and Benton Opinion ...

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Corporate: Articles Of Incorporation – Membership – Standing

Where the Missouri Baptist Convention sued the Windermere Baptist Conference Center, a public benefit corporation, in a dispute over the transfer of a conference and recreational facility, the trial court did not err in finding that the convention was not ...

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Corporate: Corporate Income Tax – Refund Action – Redemptive Dividend

Where a corporation sued for refunds of corporate income tax to recover the value of deductions for cash distribution redemptive dividends, the district court erred in granting summary judgment to the corporation because the deduction is barred by Section 162(k)(1), ...

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8th U.S. Circuit Court of Appeals: Corporate

Investment losses; undisclosed waiver   08-1349 Glenn D. Abbotts; Steven Beigel; Alyn Bell; Michael Cetta; Andrew R. Cherna; Richard Cooper; Stewart W. Evey; Timothy J. Hanratty; F. Scott Jackson; Jeffrey Kaufman; Anis Keywood; Gerald Moreland; James T. Reilley; Rick Starr, ...

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Corporate: Securities Fraud – Insufficient Pleading – Scienter

Where plaintiffs who brought a securities fraud class action against Centene Corporation and several officers failed to show that the defendants had misrepresented a material fact or acted with scienter, the district court properly dismissed the action under the elevated ...

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