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Meecorp Capital Mkts., LLC v. Oliver

United States Court of Appeals, Eighth Circuit

January 13, 2015

Meecorp Capital Markets, LLC, Plaintiff - Appellee
v.
Timothy J. Oliver, Defendant - Appellant, PSC of Two Harbors, LLC; Gandolf Group, LLC, formerly known as Gandolf Development, LLC, formerly known as Red Cedar Estates; Christopher M. Anderson; PSC Funding, LLC; Gandolf Holdings, LLC, formerly known as Gandolf Group, LLC; Black Hawk Village Development, LLC; Blue Springs Village Development, LLC; Brandon Heights Village Development, LLC; Brandon Heights Village II Development, LLC; Lakewood Village Development, LLC, formerly known as Evergreen Heights Development, LLC; Gilcrease Hills Estates Development, LLC; Green Street Estates Development, LLC; Orleans Terrace Development, LLC; Pine Crest Village Development, LLC; River Falls Ventures, LLC; South Creek Village Development, LLC; South Glen Village Development, LLC; Woodglen Village Development, LLC, formerly known as Alta Vista Village Development, LLC; Black Hawk Village, LP; Blue Springs Village, LP; Brandon Heights Village, LP; Brandon Heights Village II, LP; Gilcrease Hills Estates, LP; Lakewood Village, LP, formerly known as Evergreen Heights, LP; Mercury Henderson Cottages, LP; Orleans Terrace, LP; Pine Crest Village, LP; South Creek Village, LP; South Glen Village, LP; and Woodglen Village, LP, Defendants, SunAmerica Housing Fund 1270; SunAmerica Housing Fund 1306; SunAmerica Housing Fund 1307; and SunAmerica Housing Fund 1346, Intervenors; Meecorp Capital Markets, LLC, Plaintiff - Appellee
v.
PSC Funding, LLC, Defendant - Appellant, Timothy J. Oliver; PSC of Two Harbors, LLC; Gandolf Group, LLC, formerly known as Gandolf Development, LLC, formerly known as Red Cedar Estates; Christopher M. Anderson; Gandolf Holdings, LLC, formerly known as Gandolf Group, LLC; Black Hawk Village Development, LLC; Blue Springs Village Development, LLC; Brandon Heights Village Development, LLC; Brandon Heights Village II Development, LLC; Lakewood Village Development, LLC, formerly known as Evergreen Heights Development, LLC; Gilcrease Hills Estates Development, LLC; Green Street Estates Development, LLC; Orleans Terrace Development, LLC; Pine Crest Village Development, LLC; River Falls Ventures, LLC; South Creek Village Development, LLC; South Glen Village Development, LLC; Woodglen Village Development, LLC, formerly known as Alta Vista Village Development, LLC; Black Hawk Village, LP; Blue Springs Village, LP; Brandon Heights Village, LP; Brandon Heights Village II, LP; Gilcrease Hills Estates, LP; Lakewood Village, LP, formerly known as Evergreen Heights, LP; Mercury Henderson Cottages, LP; Orleans Terrace, LP; Pine Crest Village, LP; South Creek Village, LP; South Glen Village, LP; and Woodglen Village, LP, Defendants, SunAmerica Housing Fund 1270; SunAmerica Housing Fund 1306; SunAmerica Housing Fund 1307; and SunAmerica Housing Fund 1346, Intervenors

Submitted October 6, 2014

Page 558

[Copyrighted Material Omitted]

Page 559

Appeal from United States District Court for the District of Minnesota - Minneapolis.

For Meecorp Capital Markets, LLC, Plaintiff - Appellee: Daniel N. Rosen, Douglas G. Wardlow, PARKER & ROSEN, Minneapolis, MN.

For PSC Funding, LLC, Defendant - Appellant: John Westrick, WESTRICK & MCDOWALL-NIX, Saint Paul, MN.

Before MURPHY, SMITH, and GRUENDER, Circuit Judges.

OPINION

Page 560

GRUENDER, Circuit Judge.

After a bench trial, the district court[1] found Timothy Oliver and PSC Funding, LLC, liable to Meecorp Capital Markets, LLC, for fraud. Oliver and PSC Funding now appeal. We affirm.

I.

Oliver was the chief manager and part-owner of PSC Funding. In 2004, Oliver and PSC Funding applied to Meecorp Capital Markets (" ...


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