Bellagio Insurance, Ltd v. Digital Broadcast Corporation

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1469
BELLAGIO INSURANCE, LTD,
Plaintiff - Appellee,
versus
DIGITAL BROADCAST CORPORATION,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (CA-03-557)
Argued: September 20, 2006 Decided: October 3, 2006
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John Weber, III, WEBER PEARSON, P.C., Roanoke, Virginia, for
Appellant. Matthew Douglas Huebschman, SHENANDOAH LEGAL GROUP,
Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Digital Broadcast Corporation (“DBC”) appeals from the
district court’s judgment awarding Bellagio Insurance, Ltd.
(“Bellagio”) principal plus interest on two short-term loan
agreements as well as specific performance of DBC’s agreement to
issue shares of its stock to Bellagio monthly if DBC defaulted on
the loans. Finding no error, we affirm.
Bellagio brought suit in district court seeking enforcement of
the two loan agreements with DBC. DBC admitted taking on the loans
but raised the affirmative defense of usury. After a bench trial,
the district court entered judgment for Bellagio. The district
court awarded Bellagio principal plus interest for both loans and
ordered DBC to specifically perform its agreement to issue shares
of its stock to Bellagio monthly during the period of default.
After reviewing the record and hearing arguments from counsel,
we find no reversible error in any of the decisions of the district
court below. Accordingly, we affirm for the reasons stated by the
district court. See Bellagio Ins., Ltd. v. Digital Broad. Corp.,
No. 7:03-CV-557 (W.D. Va. Mar. 23, 2005).
AFFIRMED

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