HAYNES TRANE SERVICE AGENCY v. AMERICAN STANDARD, INC.

Nos. 07-1440, 07-1441, 08-1100, 08-1102.

562 F.3d 1047 (2009)

HAYNES TRANE SERVICE AGENCY, INC., Plaintiff, and Frederick M. HAYNES, Plaintiff-Appellant, v. AMERICAN STANDARD, INC., d/b/a The Trane Company, Defendant-Appellee, Haynes Trane Service Agency, Inc., Plaintiff-Appellant, Frederick M. Haynes, Plaintiff, v. American Standard, Inc., d/b/a The Trane Company, Defendant-Appellee, Frederick M. Haynes, Plaintiff-Appellant, Haynes Trane Service Agency, Inc., Plaintiff, v. American Standard, Inc., d/b/a The Trane Company, Defendant-Appellee, Haynes Trane Service Agency, Inc., Plaintiff-Appellant, Frederick M. Haynes, Plaintiff, v. American Standard, Inc., d/b/a The Trane Company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 7, 2009.


Attorney(s) appearing for the Case

Marcy G. Glenn, Holland & Hart LLP, Denver, CO, (Christopher A. Crisman, Holland & Hart LLP; J. Lawrence Hamil and Charles B. Hecht, Hamil/Hecht LLP, Denver, CO, with her on the briefs) for Plaintiffs-Appellants.

Daniel M. Reilly (Larry S. Pozner, Sean Connelly, Kent C. Modesitt, and Clare Pennington, with him on the brief), of Reilly Pozner & Connelly LLP, Denver, CO, for Defendant-Appellee.

Before HARTZ, TYMKOVICH, and HOLMES, Circuit Judges.


HARTZ, Circuit Judge.

This is the second appeal in litigation between Plaintiffs/counterdefendants Frederick M. Haynes (Mr. Haynes) and Haynes Trane Service Agency (HaynesTSA) and Defendant/counterclaimant American Standard d/b/a Trane (Trane). For almost four decades Mr. Haynes operated a Denver-based franchise of Trane, a manufacturer of heating, ventilation, and air conditioning (HVAC) products. After receiving his franchise, Mr. Haynes formed HaynesTSA, which...

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