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SHAKLEE CORP. v. GUNNELL

Nos. 82-1380, 82-1381.

748 F.2d 548 (1984)

SHAKLEE CORPORATION, Plaintiff, Appellee, Cross-Appellant, v. El Marie GUNNELL and Franklin Gunnell, Defendants, Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

November 16, 1984.

Attorney(s) appearing for the Case

Daniel P. O'Keefe of Dorsey & Whitney, Minneapolis, Minn. (Roger J. Magnuson of Dorsey & Whitney, Minneapolis, Minn., Robert B. Hansen of Cannon, Hansen & Wilkinson, Salt Lake City, Utah, with him on the brief), for defendants, appellants, cross-appellees.

John E. Carne of Crosby, Heafey, Roach & May, P.C., Oakland, Cal. (E. Scott Savage and Samuel O. Gaufin of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, on the brief), for plaintiff, appellee, cross-appellant.

Before SETH, DOYLE and McKAY, Circuit Judges.

SETH, Circuit Judge.

This appeal arises from a suit brought by the plaintiff corporation against two individuals who had been active in plaintiff's direct selling program. Plaintiff's complaint alleged causes of action for defamation, product disparagement, unfair competition, and willful interference with its business. The complaint was based on statements made by the defendants at meetings, to individuals, and in a variety of circumstances. Some of the statements...

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