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BOB'S BEVERAGE, INC. v. ACME, INC.

No. 00-3045.

264 F.3d 692 (2001)

BOB'S BEVERAGE, INC.; Ullman Oil, Inc., Plaintiffs-Appellants, v. ACME, INC.; James Bares, individually and in his capacity as president and shareholder of Acme, Inc., Defendants, Albatross, Ltd.; Benjamin H. Merkel; Henry Merkel, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 4, 2001.

Attorney(s) appearing for the Case

Charles P. Royer (argued and briefed), Kaufman & Cumberland, Cleveland, OH, for Bob's Beverage, Inc. and Ullman Oil, Inc.

Thomas M. Stickney (briefed), Cleveland, OH, for Acme, Inc., James Bares, Albatross, Ltd., and Benjamin H. Merkel.

Irene C. Keyse-Walker (argued), Carter E. Strang (briefed), Arter & Hadden, LLP, Cleveland, OH, for Henry H. Merkel.

Before CLAY and GILMAN, Circuit Judges; WISEMAN, Senior District Judge.

OPINION

WISEMAN, Senior District Judge.

Bob's Beverage, Inc. and Ullman Oil, Inc. ("Appellants") appeal the district court's finding of no liability against Appellees Albatross, Ltd., Benjamin H. Merkel, Henry Merkel ("Appellees" or "Merkel Defendants"). Specifically, the Appellants argue that the district court erred in denying its cost recovery claim against the Merkel Defendants. For the reasons stated herein, we AFFIRM the district court...

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