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CHEM-TREND, INC. v. NEWPORT INDUSTRIES, INC.

No. 00-1518, 00-1520.

279 F.3d 625 (2002)

CHEM-TREND, INC., a Michigan Corporation, Plaintiff-Appellant, v. NEWPORT INDUSTRIES, INC., a Missouri Corporation, Defendant-Appellee, Joseph Cahan, an individual; Douglas J. Edington, an individual, jointly and severally; W.N. Shaw Company, a Missouri Corporation; and David Murphy, Defendants. Newport Industries, Inc., a Missouri Corporation, Counter Claimant-Appellant, v. Chem-Trend, Inc., a Michigan Corporation, Counter Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 6, 2002.

Attorney(s) appearing for the Case

Bruce T. Wallace, Ann Arbor, MI, argued (Susan T. Cannell, on the brief), for plaintiff-appellant.

Anthony Gerard Simon, St. Louis, MO, argued, for defendant-appellee.

Before LOKEN, HEANEY, and BYE, Circuit Judges.

BYE, Circuit Judge.

Chem-Trend, Inc., appeals a judgment awarding Newport Industries, Inc., contractual commission damages in the amount of $109,182.23, to which the district court1 added a statutory penalty ($100,000) and attorney's fees ($4,863.50) pursuant to the Michigan Sales Representatives' Commissions Act (MSRCA), Mich. Comp. Laws § 600.2961. Newport cross-appeals, contending the district court abused its discretion in determining...

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