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Cole v. Homier Distributing Company, Inc.

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Submitted: December 16, 2009

Before WOLLMAN, RILEY, and MELLOY, Circuit Judges.

This appeal involves claims arising out of the dissolution of agreements between Appellants and Appellee. At the district court, Appellants asserted two breach-of-contract claims, as well as claims for violation of the Missouri Franchise Act, Mo. Rev. Stat. § 407.405, tortious interference with contracts and business expectancies, and fraud. The district court granted Appellee’s motion to dismiss the latter two counts for failure to state a claim. After discovery, the district court granted Appellee’s motion for summary judgment on the remaining counts because Appellants were unable to prove damages. For the following reasons, we affirm in part and reverse in part.

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