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Decision on Casino Management Overturned

By Becky Ogann

Story Created: Nov 25, 2009 at 5:05 PM CDT

Story Updated: Nov 25, 2009 at 5:05 PM CDT

DES MOINES (AP) - An Iowa appeals court has overturned a $10 million award to a businessman who claimed a casino and its owner backed out of an agreement to let him manage the facility.

A three-judge panel of the Iowa Court of Appeals on Wednesday sided with Gerald "Gary" Kirke, owner of Wild Rose Entertainment.

Kirke argued he never entered into a contract to hire Signature Management Group president John Pavone to manage the Wild Rose casino and hotel in Emmetsburg.

Included in the contested contract between Kirke and Pavone were provisions to "enter into an exclusive management agreement" at a later date. It also agreed to use "good faith best efforts" to negotiate the deal.

Polk County jurors ruled in Pavone's favor in September 2007. Lawyers for Wild Rose argued the contract was merely an "agreement to agree" on a future management contract.

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