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VESTAR DEVELOPMENT II v. GENERAL DYNAMICS CORP.

No. 99-56455.

249 F.3d 958 (2001)

VESTAR DEVELOPMENT II, LLC, an Arizona limited liability, Plaintiff-Appellant, v. GENERAL DYNAMICS CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2001

Attorney(s) appearing for the Case

Gregory A. Post, Post, Kirby, Noonan & Sweat, San Diego, California, for the plaintiff-appellant.

Richard T. Franch, Jenner & Block, Chicago, Illinois, for the defendant-appellee.

Before: PROCTER HUG, JR. and BETTY B. FLETCHER, Circuit Judges, and SAMUEL P. KING, District Judge.

Argued and Submitted March 8, 2001, Pasadena, California

HUG, Circuit Judge:

The prospective buyer of a parcel of property brought this action against the prospective seller for breach of an agreement to negotiate. The prospective buyer expressly did not seek reliance damages. The only damages sought by the buyer were $48,000,000 in lost profits it expected to make by constructing a shopping center on the parcel it sought to buy and leasing space to merchants...

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