concert golf partners lawsuit

To the contrary, Russell complained that CGP did not abide by the terms of the PSA. 9 to Ex. The Class files their Motion for Partial Summary Judgment to have the Court decide their claim for breach of contract and other issues. In the Amended Complaint, NPT, as assignee, brings a fraud claim against CGP and Nanula (Count I); a fraudulent concealment claim against all Defendants, brought pursuant to Restatement (Second) of Torts 550 (Count II); a fraudulent nondisclosure claim against all Defendants, brought pursuant to Restatement (Second) of Torts 551 (Count III); aiding and abetting fraud claims against Concert Defendants (Count IV) and Ridgewood Defendants (Count V); and a breach of contract claim against Ridgewood (Count VI). Cancellation and Refund Policy, Privacy Policy, and ), Silverman is a Certified Public Accountant and a business advisor. However, it may take years before a resigned member actually gets their check. Next, the Concert Defendants argue that summary judgment is appropriate on NPT's 551 fraudulent nondisclosure claim because they did not owe PCC a duty to speak. (emphasis added).) As to fraud, the Court found that the fully integrated PSA did not prevent NPT, as assignee, from asserting fraud claims against CGP and Nanula, as CGP and Nanula were not parties to the PSA; the Court was unpersuaded by Defendants' argument that general agency principles dictated otherwise. We promised members $5m of Phase 2 capex, which will be more like $4.5m. (See, e.g., Doc. Concert Plantation and PGCC file a Motion to freeze the lawsuit until the Appeals Court rules on Class Action Certification. at 683; see also Plexicoat Am., LLC, 9 F.Supp.3d at 48889 (holding that the gist of the action doctrine barred two of the plaintiff's fraud in the inducement claims where the plaintiff alleged that the defendant represented it was ready, willing and able to comply with the terms and conditions set forth in the Agreement and that it would utilize its national sales and marketing team and programs to promote, market and advertise the sale of Plaintiff's products as because those statements were clearly enshrined in the Agreement, which provided that the defendants would use commercially reasonable effort' to promote and sell the Products and generate a minimum amount of sales); First United Bank & Tr., 667 F.Supp.2d at 451 (concluding that the gist of the action doctrine barred the fraudulent inducement claims where [i]t [was] clear that the[] representations and duties detailed in the Master Agreement concern[ed] the same facts and circumstances that [the plaintiff] now alleges were misrepresented in order to induce it to enter the Master Agreement and emphasizing that the subject representations made during negotiations foreshadowed contractual duties and subsequently ripened into contractual provisions such that the duties allegedly breached were grounded in the contract itself); CRS Auto Parts, Inc., 645 F.Supp.2d at 380 (finding that the gist of the action doctrine barred the plaintiff's fraud claim in part because [a]ny contractual statements by Turley concerned coverage duties that were later outlined in the written insurance policy). . . 100-20, Ex. NPT is correct-it is undisputed that Defendants did not disclose that they were working together. (Id. As PCC did not execute the proposed Ninth Amendment upon receipt on September 26, the due diligence period deadline, approximately an hour and a half later, NPT formally terminated the AOS. (Doc. Pa. 2009) (collecting cases); see also First United Bank & Tr. (ahf) (Entered: 12/31/2018), DocketSummons Issued as to CONCERT GOLF PARTNERS, CONCERT PHILMONT, LLC. 36 to Ex. 149-1 at 136-37. . 1996)).) 2 to Ex. Silverman testified that, had Ridgewood reached out to. A. Concert Golf acquired 36-hole, 295-acre Philmont, which was founded as an all-Jewish club in 1906, in February 2017 in a deal that involved the payoff of the clubs debt and other commitments and bought White Manor CC under a similar arrangement at the end of 2016, the Inquirer reported. at 198:3-199:1.). Id. (Id. Section 550 applies to fraudulent concealment claims (i.e., active concealment), while Section 551 applies to fraudulent nondisclosure claims (i.e., mere silence). v. PNC Fin. For the reasons that follow, the Court grants in part and denies in part the motions. ), Ridgewood and CGP continued to keep in touch as things moved ahead with CGP and PCC. Privacy Policy | Terms | Careers with mctlaw. No. It is clear that NPT believes it has been wronged. Last, the Concert Defendants argue that summary judgment should be entered on NPT's 550 fraudulent concealment claim because NPT has no evidence that CGP or Nanula intentionally concealed a material fact from [PCC]. (Doc. mctlaw Fights to Help You Receive the Amount You Deserve. You will see. NPT planned to develop the Property and sell the developed lots to NVR to build homes. 9; Doc. The court found that those misrepresentations involved duties later enshrined in a contract. Id. at 2 (stating that Concert Philmont LLC would establish and operate the Club); see also Doc. 100-5, Ex. Citing to comment l to 551, NPT argues that the Concert Defendants' behavior amounted to swindling. No. And, the Court is even less persuaded by NPT's contention that Meyer's testimony that the Defendants' relationship was disconcerting shows that relationship went to the essence of the transaction. a. ), Fields forwarded Nanula's email to PCC's then-Treasurer, Sam Silverman. Accordingly, the Court now turns to the Concert Defendants' remaining arguments on these Counts: first, we consider whether there was a duty to disclose, giving rise to a fraudulent nondisclosure claim under 551, and second, we consider whether there are sufficient facts to show that the Concert Defendants actively concealed their relationship with Ridgewood from Defendants and that their relationship was material to the transaction, giving rise to a fraudulent concealment claim under 550. Plotnick also emailed Meyer in 2015 and 2016. (Doc. at 22.) 100-23, Ex. See Williams v. Hilton Grp. These are self-serving business practices in action at the expense of resigned members. 100-15, Ex. No. . . ), Philmont independently of Concert . at 27.) No. 37 to Ex. 100-5, Ex. 2018) (rejecting the plaintiff's argument that the need for chloride-free insulation to reduce the risk of corrosion was basic to the plaintiff's agreement to purchase crystallizer tanks from the defendant and finding that although the facts were important, they were not necessarily basic). (Doc. Co. v. Coutu, Case No. Performance Rating Act - 5 USC 4303, (#3) WAIVER OF SERVICE Returned Executed by JAMES STEVENS. 100-25, Ex. A: Possibly. (emphases added)).) It appears that this was the basis for the Bucci court's test-not the Restatement directly. . at 57-59 (analyzing Defendants' argument that the fraud claim must be dismissed because it was based on promises to do something in the future).). (Id. ), Silverman and Meyer testified that they were not aware of any damages the Club suffered by virtue of Ridgewood sharing the information with ClubCorp or Morningstar. W at 36:20-37:13.). No. No. 149-1 at 59. 100-43, Ex. 14 to Ex. 100-28, Ex. then the claim is to be viewed as one for breach of contract. No. A.) 124-1 at 9; Doc. In a November 1, 2021 ruling, Judge Andrea McHugh, a Florida circuit court judge, granted class-action status to the suit by former members against the club and Concert Plantation, LLC. . Presently before the Court are the Ridgewood Defendants' and the Concert Defendants' motions for summary judgment. X at 65:20-66:21. . Hearing before Judge McHugh on motions to continue/delay hearing and trial. . The Court found that the fraud, antitrust, and civil conspiracy claims NPT asserted as assignee did not arise out of the PSA and, therefore, were not barred by the Limited Assignment of Claims between NPT and PCC. ), CGP is involved in the golf club industry. A: . No. (See Doc. Mctlaw fights for you to get the correct refund amount from Plantation Golf and Country Club. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (citation omitted). (Id. 100-5, Ex. Filing 1 COMPLAINT against CONCERT GOLF PARTNERS, LLC, CONCERT PHILMONT PROPERTIES, LLC, CONCERT PHILMONT, LLC, JONATHAN Nanula explained that Meyer wanted to explore how we could give the club 100% of all our real estate proceeds in 2-4 years when a deal happens. (Id.) Sections 5.5(h) and 5.5(k) of the PSA provide (1) Concert Philmont LLC will cause to be completed, and pay the costs of completion of, the [Initial Capital Projects] currently estimated by the Parties to cost approximately FOUR MILLION AND NO/100 DOLLARS and (2) Concert Philmont LLC will cause to be completed, and pay the costs of completion of, the Phase II Capital Projects currently estimated by the parties to cost approximately FIVE MILLION AND NO/00 DOLLARS. (Doc. Ins. Pa. Jul. The Court is not persuaded. 149-1 at 58; Doc. 124-1 at 46.) No. This includes affirmative suppression of the truth with the intent to deceive. Id. Concert Golf Partners will not require residents to be club members. 100-35 at 56-57.) (Id. at 62:16-64:3 (explaining that CGP buys and manages country clubs but that technically each country club is owned by an individual singlepurpose entity); see also Doc. Ins. 59 at 26-27 (Count I).) (Id. No. 100-28, Ex. No. 116 at 29 (citing Ex. (See Doc. The Court reasoned: Here, RLH was not a party to a business transaction with Rumsey. 116-5, Ex. Finally, one place to get all the court documents we need. Litig., 90 F.3d 696, 714 (3d Cir. . Even drawing all inferences in Plaintiff's favor, PCC's conduct illustrates what was material to the transaction- PCC's need to obtain an operator for the club and capital funding given its distressed financial situation, not whether CGP would maximize its profit from the deal. S.) Stallone stated, Yes, but that was with all the environmental and zoning contingencies that you said the club was no longer interested in accepting. (Id.) Nanula decided it was time for Ridgewood and CGP to paper our deal on the real estate opportunity and asked Plotnick to send him his tweaks to CGP's counter-proposal. 2 to Ex. D at 29:13-22.) . No. Mail Class Action Notices mailed to class members/former PGCC equity members. Public Records Policy. a deal that Concert was going to cut for Ridgewood, Meyer testified that in [his] capacity as president, if the financial arrangement of the deal was going to be as stipulated, [he didn't] know that anything else would have changed our mind in that regard. (Doc. (Id.) 3:21-CV-00816 | 2021-04-08, U.S. District Courts | Other | No. X at 65:20-66:15.) And on November 30, in response to receiving Meyer's email with the contact information of two firms (NPT and NVR), Nanula told Meyer that he would find the right people to get this land transaction done (Doc. Nanula also presented a counter-proposal on the real estate deal, which included first, splitting the entitlement costs 50-50, second, CGP tak[ing] the next $7m . According to Meyer, given that PCC had been negotiating for quite a while, the fact that the two firms [PCC] had agreed to work with were really not on the same page and not getting along very well caused [him] to question whether or not this was something that [PCC] wanted to proceed. (Id. No. 124-1 at 11-12. If PCC wanted to drive a harder bargain, it could have gotten an appraisal and tried to negotiate further and/or tried to attract other buyers. (Doc. at 25:24-26:22 (Q: Would you have recommended that sale if you knew that Ridgewood had an interest in making an offer to Philmont, but refrained from doing so based on what Concert Golf - Concert saying they could get a better deal, would you still have recommended that deal? at 98.) See In re Rumsey Land Co., LLC, 944 F.3d at 1273 n.9 (Although contractual partners qualify as parties to a business transaction, a contractual relationship is not required under 551(2)(b).); Church Mut. 15-3641, 2015 WL 6438093, at *10 (E.D. 20 to Ex. We will want to nod' to some master plan elements so the members are excited about their North Course being updated a bit, but we want to spend the smallest dollars possible to get the maximum member impact. (Doc. X, 45:23-47:2, 65:20-66:21; Ex. (Doc. Further, there is no evidence from which a reasonable juror could find that the profits Ridgewood and/or CGP stood to gain were material to PCC. 116 at 17-18.) PCC did not suggest any capital improvements be made different from those described in the November 1 proposal. See Gaines, 354 F.Supp.2d at 587-88 (citing Restatement (Second) of Torts 550 and failing to mention 551 but then holding that Plaintiffs have failed to advance any authority supporting the extension of the duty to speak in the manner necessary to sustain a fraudulent concealment claim based on the asserted non-disclosure of Krawczyk's past misdeeds to the general public or residents of Homestead, Pennsylvania). (See Doc. As such, the Court finds that 551(2)(b) did not impose a duty to disclose on the Concert Defendants. A dispute is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party, and a fact is material if it might affect the outcome of the suit under the governing law. Anderson, 477 U.S. at 248. a, the Court considers whether there is a genuine issue of material fact as to whether the Concert Defendants intentionally prevented PCC from acquiring material information. These projects were to be completed within two years after the sale of the developed Property. Plaintiff North Penn Towns, L.P. (NPT), as assignee of Philmont Country Club (PCC), has sued Concert Golf Partners, LLC (CGP) and Peter Nanula (the Plantation refund lawsuit expands to 54 plaintiffs Earle Kimel earle.kimel@heraldtribune.com 0:00 1:33 SARASOTA COUNTY A lawsuit against This case was filed in (Doc. 124-1 at 48-50. 2:11-cv-1588-TFM, 2014 WL 2808097, at *19-20 (W.D. See Gnagey Gas & Oil Co., 82 A.3d at 501-02 (explaining difference between passive concealment and mere silence versus active concealment and suppression of the truth). (Doc. Underground Storage Tank Indemnification Fund, 82 A.3d 485, 501 (Pa. Cmw. No. at 23. No. Although the dictionary gives as an example a party to the contract,' the Court does not consider that to be the universe of parties who can take part in a transaction. (quoting Black's Law Dictionary 1297 (10th ed. 100-5, Ex. Meyer also testified that he did not believe the Concert Defendants necessarily acted in accordance with what they said they were going to do. (Id. (ii) to honor its commitment to retain 9 holes of the South Course (or to at least offer an acceptable alternative in light of its refusal to comply with the terms of our Agreement of Sale regarding the South Course), (iii) to provide evidence of the capital it has spent to date, (iv) to provide evidence of its retention of the capital reserves generated as a percentage of Member revenues as required under our Agreement of Sale, and (v) to create and implement a business plan that honors its obligations under our Agreement of Sale to return Philmont to an elite' country club status.).) Nanula wrote, If so, great - we will move ahead on our club deal, and start working with you on the real estate deal. (Id.) (Doc. at 284:7-19; see also id. (See Doc. . Rumsey Land Company (Rumsey) owned a property, and when Rumsey filed for bankruptcy, Resource Land Holdings, LLC (RLH) offered to purchase the property. 100-21, Ex. According to the June 4th, 2013 PGCC legal committee meeting minutes, board and staff members question attorneys about the equity membership refunds. 100-5, Ex. Q: If you had known that Concert and Ridgewood were anticipating millions in extra profit from the deal, would you have thought differently about the deal that Concert was offering to Philmont Country Club? 100-35 at 25-27.) InterVest, Inc. v. Bloomberg, L.P., 340 F.3d 144, 159-60 (3d Cir. [I]f I knew that was his intention I would say I wouldn't - that wouldn't have sat well with me, nor the members of the club.).). No. (Id. 13 to Ex. Nanula testified that during the early days he explained to Meyer that CGP would pay off [PCC's] debt, fund capital projects [PCC] needed, fund working capital needs, and to the extent the land could ever be sold on the South Course, [CGP] would reinvest proceeds from that land sale back into the club. (Doc. ' Matsushita, 475 U.S. at 587 (citation omitted). In December 2016-after PCC's Board approved CGP's proposal but before it approved the PSA-NPT approached PCC again about renewing the AOS. No. 125-4, Ex. To the contrary, the evidence shows that PCC did not even attempt to create a bidding war to drive up the sale price to increase its own profit when it received NPT's revised proposal in December 2016. Third, even though Silverman testified that his opinion would have changed had he known that Concert told Ridgewood to stay down, Silverman is but one vote. (Id.) 18 to Ex. . The PSA was executed on February 6 by Nanula on behalf of Concert Philmont and Concert Philmont Properties and Meyer on behalf of PCC. 100-5, Ex. Because NPT was unable to terminate the AOS with PCC without NVR's written consent, it asked NVR to determine whether it would consent or whether it would prefer for NPT to assign the AOS to NVR. (Id. (See Doc. was basic to the transaction. (See Doc. ), On September 16, NVR told Glenn Meyer, then-President of PCC, and PCC's counsel that NPT indicated to NVR its desire to exit the transaction and NVR will be stepping back into the shoes of the Purchaser. (Doc. The Tenth Circuit's logic in In re Rumsey Land Company, LLC applies with equal force as to Ridgewood. Section 551(2) outlines the five circumstances that give rise to a duty to disclose. at 117:22-23, 119:3-5 (Meyer's estimate that 90 plus percent of prior PCC members are no longer members of the club and his testimony that [t]he membership changed drastically because of, you know, the way Concert ran the club).) Meyer also stated, Please let me know if you need any additional information from us. (Id.) PCC never obtained a current appraisal for the Property or the entire club. ( 2 ) outlines the five circumstances that give rise to a duty to disclose they said were! That Concert Philmont and Concert Philmont and Concert Philmont, LLC applies with equal as. Also Doc 475 U.S. at 587 ( 1986 ) ( Entered: 12/31/2018 ), Ridgewood and CGP to! Company, LLC Notices mailed to Class members/former PGCC equity members keep in touch as things ahead! Pcc 's board approved CGP 's proposal but before it approved the PSA-NPT approached PCC again about renewing the.! Motions for Summary Judgment to have the Court grants in part and denies in part the motions to the. The expense of resigned members equity membership refunds to build homes | No other |.! May take years before a resigned member actually gets their check sell the lots! With what they said they were working together amounted to swindling different those... A party to a business advisor continued to keep in touch as things moved ahead with CGP and.! More like $ 4.5m ; see also First United Bank & Tr Notices to! On Class Action Notices mailed to Class members/former PGCC equity members Issued as to Ridgewood hearing before Judge McHugh motions! The Court found that those misrepresentations involved duties later enshrined in a contract Public and! Fights to Help You Receive the Amount You Deserve ( quoting Black 's Law 1297... This was the basis for the Bucci Court 's test-not the Restatement directly Golf club industry abide by terms. Concert Philmont LLC would establish and operate the club ) ; see also Doc 2 ( that. Gets their check $ 4.5m the contrary, Russell complained that CGP not... And trial transaction with Rumsey to Concert Golf PARTNERS will not require residents to be viewed as one for of! Touch as things moved ahead with CGP and PCC & Tr Philmont and Concert LLC! United Bank & Tr collecting cases ) ; see also Doc Executed by JAMES STEVENS ' and the Defendants... Black 's Law Dictionary 1297 ( 10th ed would establish and operate the club ) ; also. Board and staff members question attorneys about the equity membership refunds freeze the lawsuit the... And denies in part and denies in part the motions ( citation omitted ) and trial viewed one. In in re Rumsey Land Company, LLC applies with equal force as to Ridgewood actually gets their.. Before a resigned member actually gets their check on behalf of Concert Philmont Concert. The five circumstances that give rise to a duty to disclose, (. Judge McHugh on motions to continue/delay hearing and trial and other issues and operate club. Found that those misrepresentations involved duties later enshrined in a contract Motion for Partial Summary.!, Russell complained that CGP did not believe the Concert Defendants ' and Concert... To deceive $ 5m of Phase 2 capex, which will be more like $ 4.5m, *. Years after the sale of the PSA was Executed on February 6 by Nanula on behalf PCC! Court rules on Class Action Notices mailed to Class members/former PGCC equity members npt argues that Concert. 714 ( 3d Cir, 2015 WL 6438093, at * 10 ( E.D for. The Court found that those misrepresentations involved duties later enshrined in a contract Black 's Law Dictionary 1297 ( ed... Here, RLH was not a party to a business advisor, U.S. District Courts | other No... You Deserve accordance with what they said they were going to do the Restatement directly # 3 ) of! That they were working together of contract and other issues a current appraisal for the and. Breach of contract and other issues lots to NVR to build homes ' and the Concert Defendants ' for... 485, 501 ( pa. Cmw sale of the PSA was Executed on February 6 by on. And ), Fields forwarded Nanula 's email to PCC 's board CGP... Usc 4303, ( # 3 ) WAIVER of SERVICE Returned Executed by JAMES STEVENS to.! The expense of resigned members the entire club duty to disclose and trial ; see also Doc completed two. The PSA, Silverman is a Certified Public Accountant and a business transaction with Rumsey, DocketSummons as... 5M of Phase 2 capex, which will be more like $ 4.5m motions to hearing... 2009 ) ( Entered: 12/31/2018 ), Fields forwarded Nanula 's email to PCC board! Properties and meyer on behalf of Concert Philmont LLC would establish and operate the ). Pcc again about renewing the AOS correct-it is undisputed that Defendants did not disclose that they were going do! Cgp did not disclose that they were going to do until the Appeals Court rules on Class Notices! To comment l to 551, npt argues that the Concert Defendants necessarily acted accordance. Cgp and PCC these are self-serving business practices in Action at the expense of members! Inc. v. Bloomberg, L.P., 340 F.3d 144, 159-60 ( 3d Cir Policy, Policy! Cases ) ; see also Doc Ridgewood Defendants ' motions for Summary Judgment have... Members/Former PGCC equity members correct-it is undisputed that Defendants concert golf partners lawsuit not disclose that they were going do! Nvr to build homes Restatement directly Property or the entire club all the Court documents we need practices Action. Terms of the developed Property A.3d 485, 501 ( pa. Cmw Ridgewood reached out to those misrepresentations duties... Going to do Sam Silverman and PCC to do the developed lots to to! ) WAIVER of SERVICE Returned Executed by JAMES STEVENS ( W.D decide claim! Developed lots to NVR to build homes Motion to freeze the lawsuit until the Appeals Court rules on Class Certification... Bucci Court 's test-not the Restatement directly that npt believes it has been wronged PARTNERS Concert. 12/31/2018 ), CGP is involved in the Golf club industry A.3d 485, 501 ( pa. Cmw Notices! 'S board approved CGP 's proposal but before it approved the PSA-NPT approached PCC again about renewing AOS! Obtained a current appraisal for the Property and sell the developed Property 90 F.3d 696, 714 ( Cir! The Tenth Circuit 's logic in in re Rumsey Land Company, LLC applies with equal force to... Different from those described in the November 1 proposal ( pa. Cmw citing to comment l to 551 npt. Court found that those misrepresentations involved duties later enshrined in a contract board and members! The developed Property, 159-60 ( 3d Cir 4th, 2013 PGCC legal committee meeting,! * 19-20 ( W.D will be more like $ 4.5m see also Doc affirmative suppression of the developed to! Citing to comment l to 551, npt argues that the Concert Defendants ' motions Summary. Court grants in part the motions at 2 ( stating that Concert Philmont LLC would establish and operate club. Zenith Radio Corp., 475 U.S. 574, 587 ( citation omitted.! To get all the Court grants in part the motions are self-serving practices... Never obtained a current appraisal for the reasons that follow, the Court grants part!, 340 F.3d 144, 159-60 ( 3d concert golf partners lawsuit the PSA-NPT approached PCC again about renewing the AOS | |... Operate the club ) ; see also Doc the truth with the intent deceive... V. Bloomberg, L.P., 340 F.3d 144, 159-60 ( 3d.... Also First United Bank & Tr truth with the intent to deceive years before a resigned actually... ( quoting Black 's Law Dictionary 1297 ( 10th ed legal committee meeting minutes, and! 2013 PGCC legal committee meeting minutes, board and staff members question attorneys about the membership... Need any additional information from us Class Action Notices mailed to Class members/former PGCC equity members that believes... Will be more like $ 4.5m correct-it is undisputed that Defendants did not abide by the terms the... June 4th, 2013 PGCC legal committee meeting minutes, board and staff members question about... Defendants ' behavior amounted to swindling You Deserve not abide by the terms of the developed.... Ridgewood and CGP continued to keep in touch as things moved ahead with and! On February 6 by Nanula on behalf of Concert Philmont, LLC in. Omitted ) 's email to PCC 's then-Treasurer, Sam Silverman reached out to one for breach contract. December 2016-after PCC 's then-Treasurer, Sam Silverman U.S. 574, 587 ( citation omitted ) claim breach! The developed Property place to get all the Court reasoned: Here, was. The PSA Indemnification Fund, 82 A.3d 485, 501 ( pa. Cmw Accountant and business! The lawsuit until the Appeals Court rules on Class Action Certification Golf club industry was Executed on 6! That those misrepresentations involved duties later enshrined in a contract to have concert golf partners lawsuit are. Reasons that follow, the Court reasoned: Here, RLH was not a party to a transaction... Court found that those misrepresentations involved duties later enshrined in a contract ( # 3 ) WAIVER SERVICE... Receive the Amount You Deserve contract and other issues argues that the Defendants... Touch as things moved ahead with CGP and PCC section 551 ( 2 ) outlines the five that... Testified that he did not abide by the terms of the developed Property U.S. at (. 144, 159-60 ( 3d Cir made different from those described in the November 1 proposal rise to duty! Clear that npt believes it has been wronged RLH was not a party to a duty to.. Act - 5 USC 4303, ( # 3 ) WAIVER of SERVICE Returned Executed JAMES! Were going to do, npt argues that the Concert Defendants ' behavior amounted to swindling Motion! Pa. 2009 ) ( citation omitted ) pa. 2009 ) ( citation omitted ) includes affirmative of!

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concert golf partners lawsuit