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UNITED RENTALS (NORTH AMERICA) v. KEIZER

No. 02-1580.

355 F.3d 399 (2004)

UNITED RENTALS (NORTH AMERICA), INC., Plaintiff-Appellant, v. Jerry KEIZER, Grant Rent-All, Inc. and Mulder's Outdoor Power Equipment, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2004.

Attorney(s) appearing for the Case

Robert H. Smeltzer (argued and briefed), Gerald Haberkorn (briefed), Lowis & Gellen, Chicago, IL, Harold E. Nelson (briefed), Borre, Peterson, Fowler & Reens, Grand Rapids, MI, for Appellant.

Steven C. Berry (argued and briefed), Bigler, Berry, Johnston, Sztykiel & Hunt, Zeeland, MI, Robert W. Smith (briefed), Silverman, Smith, Bingen & Rice, Kalamazoo, MI, for Appellees.

Before CLAY and COOK, Circuit Judges; STAFFORD, District Judge.

CLAY, J., delivered the opinion of the court, in which COOK, J., joined. STAFFORD, D.J. (pp. 414-415), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Plaintiff United Rentals (North America), Inc. appeals from the April 5, 2002, district court order granting summary judgment to Defendants Jerry Keizer, Grant Rent-All, Inc. and Mulder's Outdoor Power Equipment, Inc. on Plaintiff's claims for breach...

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