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TACO BELL CORP. v. TBWA CHIAT/DAY INC.

Nos. 07-56532, 08-55441.

552 F.3d 1137 (2009)

TACO BELL CORPORATION, Plaintiff-Appellant, v. TBWA CHIAT/DAY INC., Erroneously Sued as TBWA Worldwide Inc., Defendant-Appellee. Taco Bell Corporation, Plaintiff-Appellant, v. TBWA Chiat/Day Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2009.

Attorney(s) appearing for the Case

Robert J. Harris, Chicago, IL, for the plaintiff-appellant.

Paul F. Corcoran, New York, NY, for the defendant-appellee.

Before HARRY PREGERSON, DOROTHY W. NELSON and DAVID R. THOMPSON, Circuit Judges.

OPINION

THOMPSON, Senior Circuit Judge:

Taco Bell Corp. ("Taco Bell") appeals the district court's summary judgment in favor of its former advertising agency, TBWA Worldwide, Inc. ("TBWA"), in Taco Bell's lawsuit seeking indemnification. This case follows a judgment issued against Taco Bell in the federal district court for the Western District of Michigan for breach by Taco Bell of an implied contract for using...

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