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H & R BLOCK TAX SERVICES LLC v. KUTZMAN

No. CV 10-03-M-DWM.

681 F.Supp.2d 1248 (2010)

H & R BLOCK TAX SERVICES LLC, and Franchise Partner, Inc., Plaintiffs v. Kathryn KUTZMAN, Defendant.

United States District Court, D. Montana, Missoula Division.

January 26, 2010.

Attorney(s) appearing for the Case

Charles Henry Carpenter, Carpenter Law Firm PLC, Missoula, MT, David M. Kight, Nathan A. Orr, Spencer Fane Britt & Browne, Kansas City, MO, for Plaintiffs.

Robert C. Griffin, Crowley Fleck, Billings, MT, for Defendant.

ORDER

DONALD W. MOLLOY, District Judge.

Before the Court is Plaintiffs' motion for preliminary injunction. For the reasons that follow, the motion will be granted in part and denied in part.

I. Background

In October of 1984, Plaintiff H & R Block and Defendant Kathryn Kutzman entered into a franchise agreement. Kutzman agreed to operate an H & R Block franchise in Whitefish, Montana. Later, the parties added Eureka, Montana to the...

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