Sanders v. Gravel Products, Inc.

10:45am Tuesday, June 17, 2008
20080001 Terry Sanders, Plaintiff and Appellant
v.
Gravel Products, Inc., Defendant and Appellee
Appeal from: Northwest Judicial District, Ward County, Judge David W. Nelson
Nature of Action: Contracts
Counsel:

Appellant: Larson Law Firm, P.C.
Appellee: Zuger Kirmis & Smith

Issues: Appellant's Statement of the Issues:
1.Did the District Court err in granting a partial summary judgment by which Plaintiff's ERISA claims were dismissed with prejudice?
2.Did the District Court err in its holding that time was not of the essence with regard to Gravel Products' exercise of the option to assign an insurance policy to Sanders within 30 days of his termination on October 30, 2003?
3.Did the District Court err in its determination that even if time was of the essence, Gravel Products' delayed performance under the contract was caused by Sanders and therefore Sanders is estopped from asserting a breach of contract?
Appellee's Statement of the Issues:
1. Was the district court's factual finding that Gravel Products did not breach its contract with Sanders clearly erroneous?
2. Did the district court appropriately grant summary judgment dismissing the plaintiff's ERISA claim in a state court action where the plaintiff was asserting a breach of contract claim?
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief
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