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BRIGHT v. QSP, INC.

Nos. 93-1001, 93-1081.

20 F.3d 1300 (1994)

William T. BRIGHT; Ed King; Dee Barwick; Lowell Lawson; Frank Jorgensen; Bright of America, Incorporated, a West Virginia corporation, Plaintiffs-Appellees, v. QSP, INCORPORATED, Defendant-Appellant. William T. BRIGHT; Ed King; Dee Barwick; Lowell Lawson; Frank Jorgensen; Bright of America, Incorporated, a West Virginia corporation, Plaintiffs-Appellants, v. QSP, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1994.

Attorney(s) appearing for the Case

ARGUED: John Morgan Callagy, Kelley, Drye & Warren, New York City, for appellant. Gerard Ray Stowers, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for appellees. ON BRIEF: Robert E. Crotty, Jonathan K. Cooperman, Kelley, Drye & Warren, New York City, Michael A. Brizel, The Reader's Digest Ass'n, Pleasantville, NY, Larry A. Winter, Charles L. Woody, Barbara A. Allen, Spilman, Thomas, Battle & Klostermeyer, Charleston, WV, for appellant. F.T. Graff, Jr., Benjamin L. Bailey, Elizabeth B. Elmore, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for appellees.

Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

WILKINSON, Circuit Judge:

This case presents the question whether plaintiff-supplier may recover expenditures incurred in performing supply contracts with defendant-distributor by claiming that those expenditures unjustly enriched the defendant. Here it is clear that the expenditures benefitted the plaintiff by enhancing its own contractual performance, and that the defendant did not receive any benefits...

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