G. R. Toghiyany v. Amerigas Propane, 102502 FED8, 02-1283

Docket Nº:02-1283
Party Name:G. R. Toghiyany v. Amerigas Propane
Case Date:September 12, 2002
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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G. R. Toghiyany, doing business as First Class Refurbishing, Appellant,

v.

Amerigas Propane, Inc., doing business as Amerigas Partners LP; John Iannarelli; Amerigas Propane, L.P., Appellees.

No. 02-1283

United States Court of Appeals FOR THE EIGHTH CIRCUIT

Submitted: September 12, 2002

Filed:

October 25, 2002

Appeal from the United States District Court for the Eastern District of Missouri.

Before WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and BOGUE,1 District Judge.

WOLLMAN, Circuit Judge.

G. R. Toghiyany appeals a decision of the district court2 granting summary judgment in favor of AmeriGas Propane, Inc. (AmeriGas) on Toghiyany's claims for breach of contract and common law fraud, and denying his first and second motions to compel discovery. We affirm.

I.

In January 1998, AmeriGas and Toghiyany entered into an agreement pursuant to which Toghiyany would refurbish propane cylinders that AmeriGas would market for use with residential barbecue grills. The agreement was never reduced to writing. Prior to this agreement, Toghiyany had been in the auto body and car repair business. Toghiyany had painted trucks, cylinders, and propane tanks for AmeriGas.

Toghiyany and AmeriGas agreed that Toghiyany would refurbish propane cylinders for AmeriGas's Missouri and southern Illinois markets. In February 1998, after the parties' initial agreement, Toghiyany submitted another bid to AmeriGas to refurbish cylinders for markets in Indiana and Ohio. This bid established the terms of his prospective agreement with AmeriGas and did not include a durational term. In March 1998, Toghiyany began to refurbish the propane cylinders at a facility he leased from AmeriGas. No lease agreement was signed for the premises, which were located at AmeriGas's Flint Hill property in Missouri.

Less than one year after Toghiyany had started refurbishing cylinders, AmeriGas noted a marked decline in the quality of Toghiyany's services. Some of the valves on refurbished cylinders had leaked and the cylinders had not been wrapped sufficiently. Shortly thereafter, AmeriGas representatives met with Toghiyany to discuss their quality and safety concerns. Although Toghiyany took responsibility for the declining quality of the refurbished cylinders, there was no improvement following the meeting. In October 1999, AmeriGas again informed Toghiyany of safety concerns. Less than one month later, a leaking cylinder ignited a significant fire at Toghiyany's refurbishing facility. AmeriGas officially terminated its agreement with Toghiyany in March 2000 by terminating his tenancy of the Flint Hill facility.

II.

We review a district court's grant of summary judgment de novo. Iowa Coal Mining Co. v. Monroe County, 257 F.3d 846, 852 (8th Cir. 2001). We will affirm the grant of summary judgment if "the evidence, when viewed in the light most...

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