Whiskey Barrel Planters Co., Inc. v. American GardenWorks, Inc. -10/24/12

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Wednesday  October 24, 2012 
9:45 AM  EST

9:45 a.m. 04S03-1209-PL-503. After purchasing "substantially all" the assets of Whiskey Barrel Planters, American GardenWorks filed a complaint alleging Whiskey Barrel Planters and its two shareholders failed to turn over certain assets included in the sale. Whiskey Barrel Planters filed counterclaims for conversion and replevin. The Benton Circuit Court denied Whiskey Barrel Planters' motion for partial summary judgment. After a trial, the court entered judgment for American GardenWorks. The Court of Appeals reversed, concluding the sale of "substantially all" the assets of Whiskey Barrel Planters did not include season football tickets, shareholder loans, or personal property, and that the shareholders were entitled to recover any personal property converted by American GardenWorks. The Court of Appeals remanded for further proceedings on the attorney's fees awarded to American GardenWorks.

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