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McRAE v. PUBLICATIONS INTERN., LTD.

No. 97-1055-JTM.

985 F.Supp. 1036 (1997)

Brian McRAE, d/b/a McRae and Associates, Plaintiff, v. PUBLICATIONS INTERNATIONAL, LTD., Defendant.

United States District Court, D. Kansas.

November 19, 1997.

Attorney(s) appearing for the Case

Jeffrey L. Willis, Johnson, Kennedy, Dahl & Willis, Wichita, KS, Gary D. McCallister, Gary D. McCallister & Assoc., Ltd., Chicago, IL, Ernest McRae, Wichita, KS, for Plaintiff.

Timothy J. Finnerty, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Wichita, KS, Wayne B. Giampietro, Witwer, Poltrock & Giampietro, Chicago, IL, for Defendant.

MEMORANDUM AND ORDER

MARTEN, District Judge.

Brian McRae sued Publications International, Ltd. (PIL) for breach of a contract to supply 687,140 children's ten-button sound books. PIL was closing out its inventory. McRae claims the defendant breached the contract by failing to supply 178,977 of the books by October 15, 1995. McRae also claims PIL breached a "right of first refusal" clause when it failed to offer to sell him 148,023 additional books which...

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