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FEN HIN CHON ENTERPRISES, LTD. v. PORELON, INC.

Nos. 87-6277, 87-6303.

874 F.2d 1107 (1989)

FEN HIN CHON ENTERPRISES, LTD., Plaintiff-Appellant (87-6277), Plaintiff-Appellee (87-6303), v. PORELON, INC., Defendant-Appellee (87-6277), Defendant-Appellant (87-6303).

United States Court of Appeals, Sixth Circuit.

Decided May 15, 1989.

Rehearing Denied June 27, 1989.

Attorney(s) appearing for the Case

Jon E. Jones, Moore, Jones, Rader and Clift, Daniel H. Rader, III (argued), Cookeville, Tenn., for Fen Hin Chon Enterprises, Ltd.

Eugene Jared, Madewell and Jared, Cookeville, Tenn., Robert L. Binder (argued), Foley & Lardner, Milwaukee, Wis., James T. McKeown, for Porelon, Inc.

Before NELSON and BOGGS, Circuit Judges, and ENSLEN, District Judge.

DAVID A. NELSON, Circuit Judge.

This is a breach of contract case, governed by Tennessee law, in which we are asked to review the method by which the district court calculated damages. Measurement of the damages in question requires a determination of profits lost in one of the plaintiff's two major lines of business. The main questions to be decided are whether the district court ought to have calculated lost profits on the basis of the profit rate for the consolidated...

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