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EATERIES v. J.R. SIMPLOT CO.

Nos. 02-6060 & 02-6063.

346 F.3d 1225 (2003)

EATERIES, INC., an Oklahoma corporation; Fiesta Restaurants, Inc., an Oklahoma corporation, Plaintiffs-Appellees and Cross Appellants, v. J.R. SIMPLOT COMPANY, A Nevada Corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

October 6, 2003.

Attorney(s) appearing for the Case

Lana Jeanne Tyree (Ronald E. Stakem of Clark, Stakem, Wood & Patten, P.C. Oklahoma City, Oklahoma, with her on the briefs) of Cartwright & Tyree, Oklahoma City, OK, for Plaintiffs-Appellees and Cross-Appellants.

Mack J. Morgan III (D. Kent Meyers with him on the briefs) of Crowe & Dunlevy, Oklahoma City, OK, for Defendant-Appellant and Cross-Appellee.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.

BRORBY, Senior Circuit Judge.

J.R. Simplot Company appeals the district court's award of damages to Eateries, Inc., and Fiesta Restaurants, Inc. Eateries and Fiesta likewise appeal a portion of the damage award. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm in part and reverse in part.

BACKGROUND

Eateries is the sole shareholder of Fiesta. Fiesta owns and operates several Garcia's Mexican Restaurants. Eateries and Fiesta contracted...

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