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C & J DELIVERY, INC. v. EMERY AIR FREIGHT CORP.

No. 86-358C(1).

647 F.Supp. 867 (1986)

C & J DELIVERY, INC., Plaintiff, v. EMERY AIR FREIGHT CORP., Defendant.

United States District Court, E.D. Missouri, E.D.

November 12, 1986.

Attorney(s) appearing for the Case

L. William Higley, Shifrin & Treiman, Clayton, Mo., for plaintiff.

Catherine D. Perry, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for defendant.

MEMORANDUM

NANGLE, Chief Judge.

This matter is now before the Court on defendant's motion for partial summary judgment. Defendant contends that, as a matter of law, the contractual relationship between Emery and C & J (1) was not a "franchise" as defined by Mo.Rev.Stat. § 407.400(1), and (2) was not a fiduciary relationship. The Court finds that defendant has not shown that the Emery and C & J relationship was not a "franchise". However, the...

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