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133492P.pdf   02/06/2015  Germain Real Estate Company  v.  HCH Toyota
   U.S. Court of Appeals Case No:  13-3492
                          and No:  13-3723
   U.S. District Court for the Western District of Arkansas - Fayetteville   
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges] Civil case - Contacts. The court concludes that the Arkansas Supreme Court would hold that a dismissal without prejudice for failure to state facts upon which relief could be granted was a final judgment for purposes of issue preclusion; as a result, plaintiff were barred from relitigating the issue of plaintifff's purchase option in federal court; based on the state court's conclusion and the terms of the parties' subordination agreement, plaintiff was not entitled to specific performance of the option, and the district court properly dismissed plaintiffs' federal declaratory-judgment action; attorneys' fees award was not an abuse of the district court's discretion and is affirmed.