CCMS PUB. CO., INC. v. DOOLEY-MALOOF, INC.

No. 79-2098.

645 F.2d 33 (1981)

CCMS PUBLISHING COMPANY, INC., Plaintiff-Appellee, v. DOOLEY-MALOOF, INC.; Raintree Communications, Inc.; Charles J. Dooley, individually; and Thomas L. Maloof, individually, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 2, 1981.


Attorney(s) appearing for the Case

Don G. Holladay, Oklahoma City, Okl. (Andrews, Davis, Legg, Bixler, Milsten & Murrah, Oklahoma City, Okl., with him, on brief), for plaintiff-appellee.

Alan P. Weinraub, Westwood, N. J., for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this removed case, plaintiff-appellee sued defendants-appellants for breaches of contract and fiduciary duties. Jurisdiction is based on diversity. Plaintiffs sought to recover amounts paid, lost profits, and exemplary damages. Defendants counterclaimed for unpaid commissions and expenses. The jury awarded plaintiff $78,607.62 in actual damages and denied exemplary damages. The jury also denied recovery on defendants' counterclaim....

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