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181498P.pdf   09/19/2019  Ronnoco Coffee, LLC.  v.  Westfeldt Brothers, Inc.
   U.S. Court of Appeals Case No:  18-1498
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Loken, Author, with Wollman and Stras, Circuit Judges] Civil case - Successor liability. When plaintiff acquired substantially all of the assets of an unrelated competitor at a secured creditor's private foreclosure sale in an agreement which declined to assume the competitor's liabilities, it was not liable as the competitor's successor for unpaid pre-acquisition inventory purchases from defendant, a third party which had sold coffee beans to the competitor; buying the competitor's assets from its secured creditor at a foreclosure sale in an agreement that disclaimed assumption of the competitor's liabilities protected plaintiff from claims that the asset purchase was tainted by commercially inadequate consideration; defendant failed to show it was prejudiced by the asset sale as there was no evidence that, absent the alleged fraud by plaintiff, the competitor would have been able to pay off its entire debt to the secured creditor and then make payments to defendant; defendant's unfair trade practices claims, conversion and unjust enrichment claims were properly rejected.