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TAUTE v. ECONO-CAR INTERNATIONAL, INC.

Nos. 22535, 22535-A.

414 F.2d 828 (1969)

Carl M. TAUTE, dba Econo-Car of Billings, Appellant, v. ECONO-CAR INTERNATIONAL, INC., Appellee. ECONO-CAR INTERNATIONAL, INC., Appellant, v. Carl M. TAUTE, dba Econo-Car of Billings, Appellee.

United States Court of Appeals Ninth Circuit.

July 7, 1969.

Attorney(s) appearing for the Case

George C. Dalthorp (argued), of Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., for Econo-Car Int'l.

John C. Sheehy (argued), of Hutton, Schiltz & Sheehy, Billings, Mont., for Taute.

Before HAMLEY and KOELSCH, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, District Judge:

Econo-Car International (Econo-Car) appeals from a judgment based upon a jury verdict in favor of Carl M. Taute for fraud and for breach of a franchise agreement.

FRAUDULENT INDUCEMENT

In June, 1963, Econo-Car granted Taute a franchise to operate a rent-a-car business in Billings, Montana. Taute claims Burko, an Econo-Car agent, made the following representations and promises prior to the execution of the franchise agreement...

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