082210P.pdf   07/27/2009  Lafarge North America  v.  Discovery Group LLC
   U.S. Court of Appeals Case No:  08-2210
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit Judges]
   Civil case - contracts. The parties' contract was ambiguous as to
   whether defendant was obligated to notify plaintiff of the formation of a
   new taxing entity which would affect the tax rates plaintiff would pay if
   it located its headquarters at a proposed site; since the contract is
   ambiguous, both parties should have the opportunity to introduce
   extrinsic evidence favorable to their interpretation of the provisions,
   and the district court erred in granting defendant's motion for summary
   judgment on the breach of contract claim; similarly, a genuine issue of
   fact exists as to whether disclosure of these facts was material, and the
   district court erred in granting defendant summary judgment on plaintiff's
   claims for fraudulent misrepresentation; the district court also erred in
   granting defendant summary judgment on plaintiff's claims for breach of
   fiduciary duty, negligence and rescission.