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PROCTER & GAMBLE CO. v. HAUGEN

No. 01-4155.

317 F.3d 1121 (2003)

The PROCTER & GAMBLE COMPANY, The Procter & Gamble Distributing Company, Plaintiffs/Counter-Defendants-Appellants, v. Randy L. HAUGEN, individually d/b/a/ Freedom Associates, Inc.; Freedom Tools, Incorporated; Freedom Associates, Inc.; a Utah corporation; Steven E. Brady, individually; Stephen L. Bybee, individually; Eagle Business Development, Inc., a Utah corporation; Ted Randall Walker, individually; Walker International Network, a Texas Partnership; Roger D. Patton, individually, Defendants-Appellees. and Amway Corporation, a Michigan corporation, Defendant/Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 6, 2003.

Attorney(s) appearing for the Case

Neil Peck, Snell & Wilmer, LLP (Tracy Fowler, Matt Mayer and Nathan Davis on briefs), Denver, CO, for Appellants.

James R. Sobieraj (with Cynthia A. Homan, Timothy Q. Delaney, Dominic P. Zanfardino on briefs), Brinks Hofer Gilson & Lione, Chicago, IL (with Joseph J. Joyce, and Kristin A. VanOrman, Strong & Hanni, Salt Lake City, Utah, on briefs), for Appellees.

Before HENRY and McKAY, Circuit Judges, and BROWN, District Judge.

HENRY, Circuit Judge.

In this case, we are asked to consider whether the district court erroneously exceeded the scope of our mandate when it dismissed Procter & Gamble's ("P & G"'s) claims against defendant Amway Corporation. We reject P & G's challenges and conclude that the district court properly complied with our mandate.

I. BACKGROUND

The relevant facts and proceedings are fully set out in the district court's order of June 17,...

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