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MEDIANEWS GROUP, INC. v. McCARTHEY

No. 06-4132.

494 F.3d 1254 (2007)

MEDIANEWS GROUP, INC.; and Kearns-Tribune, L.L.C., Plaintiffs-Counterdefendants-Appellees, v. Philip G. McCARTHEY; Thomas K. McCarthey; Sarah J. McCarthey; Shaun P. McCarthey; and Maureen P. McCarthey, Defendants-Counter-claimants, Third-Party Plaintiffs-Appellants. v. Deseret News Publishing Company; Deseret Management Corporation; At & T Corporation; Comcast Corporation; Dirks, Van Essen & Murray; R. Gary Gomm; and John/Jane Does 1-25, Third-Party Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 27, 2007.

Attorney(s) appearing for the Case

Sean Connelly, Reilly Pozner & Connelly, Denver, Colorado (Thomas R. Karrenberg, Anderson & Karrenberg, Salt Lake City, Utah; E. Barney Gesas and Jennifer A. James, Clyde Snow Sessions & Swenson, Salt Lake City, Utah with him on the briefs), for Defendants-Appellants/Third-Party Plaintiffs.

Kevin T. Baine, Williams & Connolly, Washington, D.C. and David J. Jordan, Stoel Rives, Salt Lake City, Utah (James S. Jardine and Alan T. Brinkerhoff, Ray Quinney & Nebeker, Salt Lake City, Utah; Jill M. Pohlman, Stoel Rives LLP, Salt Lake City, Utah; Todd M. Shaughnessy, Snell and Wilmer, Salt Lake City, Utah; Paul B. Gaffney and Jennifer G. Wicht, Williams & Connolly, Washington, D.C.; and R. Willis Orton, Kirton & McConkie, Salt Lake City, Utah, with them on the briefs), for Plaintiffs-Counterdefendants-Appellees.

Before KELLY, HENRY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Philip, Thomas, Sarah, Shaun, and Maureen McCarthey (the "McCartheys") seek to enforce a collateral oral agreement allegedly guaranteeing their individual right to repurchase The Salt Lake Tribune ("Tribune") from its current owner, MediaNews Group, Inc. ("MediaNews"), for fair market value. Because the McCartheys' oral contract claims are superceded by written contracts to substantially the same effect, they are barred by the...

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