DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032814P.pdf 06/16/2004 Richard Varner, Jr. v. Peterson Farms
U.S. Court of Appeals Case No: 03-2814
Western District of Arkansas
Civil case - Fraud and Antitrust. District court did not err in finding
plaintiffs' state law claims for fraud, civil conspiracy and unjust
enrichment were barred by Arkansas's three-year statute of limitations;
further, the court correctly ruled that under Arkansas law the doctrine of
unjust enrichment does not apply where the parties have entered into a
valid, legal and binding contract; with respect to the plaintiffs' claims
under Sherman Antitrust Act and the Packers and Stockyards Act, these
claims were barred by the applicable federal statute of limitations;
plaintiffs failed to establish any basis for tolling the statute and failed to
plead sufficient facts to support a cause of action for a tying-contract
antitrust violation.
[PUBLISHED] [ Smith, Author, with Heaney and Bye, Circuit Judges]