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Fine v. Schwinn Cycling Fitness12/26/2000
that the evidence in the record was sufficient for the district court to decide a summary judgment motion in favor of Schwinn II without the need for further discovery. The factors have been properly supported by the record. The purchase agreement did not provide for a stock transfer, necessary for either consolidation or merger. The bankruptcy order demonstrated that the asset sale was conducted pursuant to a liquidation, not a reorganization. Thus, Scwhinn II cannot be considered a mere continuation of Schwinn I. Further discovery would not add any relevant evidence to the record.
Fine also raises the issue of attorney fees in his brief. The district court did not address the issue of attorney fees. Issues that have not been addressed by the distrist court cannot be considered by the court of appeals. Thiele, 425 N.W.2d at 582.
Affirmed.
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