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062433P.pdf   08/10/2007  HOK Sport, Inc  v.  FC Des Moines
   U.S. Court of Appeals Case No:  06-2433
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Riley, Author, with Bowman and Arnold, Circuit
   Judges]
Civil case - contracts. In action for unjust enrichment and breach of contract concerning a contract for the design of a sport facility for the Des Moines The Menace Soccer Club, the district court did not err in instructing the jury on disregarding defendant Stadium Foundation's corporate form, as Iowa Code Sec. 504A.101 (2003) did not make the alter ego doctrine and the remedy of piercing the corporate veil inapplicable to nonprofit corporations; district court did not err in instructing the jury that the Foundation's corporate form could be disregarded if it was undercapitalized or it if failed to follow corporate formalities; evidence was sufficient to support jury finding making defendant Krause, the president, only officer, and only member of the board of directors of the Foundation, personally responsible for the Foundation's debts under both the alter ego doctrine and the remedy of piercing the corporate veil; The Menace waived its argument that it was not a proper party to the dispute when it failed to renew its summary judgment argument in its motion for judgment as a matter of law.