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HEATING & AIR SPECIALISTS, INC. v. JONES

Nos. 98-1809, 98-2047.

180 F.3d 923 (1999)

HEATING & AIR SPECIALISTS, INC., d/b/a A/C Service Company, Appellant, v. James JONES, Appellant, v. Lennox Industries, Inc., Appellee. Heating & Air Specialists, Inc., d/b/a A/C Service Company, Appellee, v. Lennox Industries, Inc., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed June 7, 1999.

Attorney(s) appearing for the Case

Bruce W. Freeman, Tulas, OK, argued, for Appellant/Cross-Appellee James Jones.

John Schmidt, Tulsa, OK, argued (Matthew Horan, on the brief), for Appellant Heating & Air Specialists, Inc.

Steven W. Quattlebaum, Little Rock, AR, argued (Edie R. Ervin, on the brief), for Appellee.

Before: WOLLMAN, FLOYD R. GIBSON, Circuit Judges, and TUNHEIM, District Judge.

TUNHEIM, District Judge.

Heating and Air Specialists, Inc. ("A/C") brought suit against Lennox Industries, Inc. ("Lennox") alleging breach of contract, violation of the Arkansas Franchise Practices Act, Ark.Code Ann. §§ 4-72-201 et seq. ("AFPA"), and fraud arising from Lennox's decision to terminate A/C's franchise with Lennox. Lennox counterclaimed for amounts allegedly due from the sale of goods to A/C, and joined James Jones ("Jones"), A/C's sole...

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