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GEOFFREY E. MACPHERSON v. BRINECELL, INC.

No. 95-4077.

98 F.3d 1241 (1996)

GEOFFREY E. MACPHERSON, LTD., an English corporation, Plaintiff-Counter-Defendant-Appellee, v. BRINECELL, INC., a Nevada corporation; Tim Themy-Kotronakis, an individual, Defendant-Counter-Claimant-Appellant, and Brinecell, Inc., a predecessor Utah corporation, Defendant-Counter-Claimant.

United States Court of Appeals, Tenth Circuit.

October 22, 1996.

Attorney(s) appearing for the Case

Mary Anne Q. Wood, Wood Quinn & Crapo, L.C., Salt Lake City, UT, for Plaintiff-Counter-Defendant-Appellee.

Robert L. Booker, Booker & Associates, Salt Lake City, UT, for Defendant-Counter-Claimant-Appellant.

Before HENRY, LIVELY, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

Appellants, Brinecell, Inc. and its principal shareholder, Tim Themy-Kotronakis (collectively "Brinecell"), appeal the judgment entered by the United States District Court for the District of Utah in favor of appellee Geoffrey E. Macpherson, Ltd. ("Macpherson"). The district court's judgment finalized two prior orders, one granting Macpherson's motion for summary judgment in favor of its breach of contract claim and the other granting Macpherson...

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