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.

113499P.pdf   08/06/2012  Razorback Concrete Company  v.  Dement Construction Company
   U.S. Court of Appeals Case No:  11-3499
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
   [PUBLISHED] [Gruender, Author, with Murphy and Melloy, Circuit Judges]
   Civil case - Contracts. Given plaintiff's failure to identify any evidence
   creating a genuine issue of material fact regarding whether defendant
   knew its assurance that it would not withhold payments was false when
   made, the district court did not err in granting defendant summary
   judgment on plaintiff's fraud claim; plaintiff failed to supply evidence
   creating a fact issue regarding whether it was a lost volume seller or
   whether the damages provided under Arkansas law were otherwise
   inadequate; since such evidence is necessary to show lost profits, the
   district court did not err in granting partial summary judgment to
   defendant on plaintiff's claim for lost profits under Ark. Code. Ann
   Sec.4-2-708(2).