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NAIMIE v. CYTOZYME LABORATORIES, INC.

Nos. 97-4129, 97-4147.

174 F.3d 1104 (1999)

Hussein NAIMIE, Plaintiff-Counter-Defendant-Appellee and Cross-Appellant, v. CYTOZYME LABORATORIES, INC., a Utah corporation; Cytozyme Research Company, Defendants-Counter-Claimants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

April 8, 1999.

Attorney(s) appearing for the Case

Gary A. Weston (Scott M. Ellsworth with him on the briefs) of Nielsen & Senior, Salt Lake City, Utah, for plaintiff-counter-defendant-appellee and cross-appellant.

Richard B. Ferrari (Beatrice M. Peck, Salt Lake City, Utah, with him on the briefs), San Diego, California, for defendants-counter-claimants-appellants and cross-appellees.

Before: BRORBY, McWILLIAMS, and BRISCOE, Circuit Judges.

BRORBY, Circuit Judge.

Defendants-Appellants Cytozyme Laboratories, Inc. and Cytozyme Research Company (collectively "Cytozyme") appeal from the district court's judgment awarding Dr. Naimie damages pursuant to two contracts existing between the parties. Dr. Naimie cross-appeals the district court's calculation of damages. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I. Background

Cytozyme manufactures and markets nutritional...

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