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TRIM FIT, LLC v. DICKEY

No. 08-3711.

607 F.3d 528 (2010)

TRIM FIT, LLC, Plaintiff-Appellee, Counter Defendant-Appellee, v. Donald O. DICKEY, Defendant-Appellant, Counterclaimant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 7, 2010.

Attorney(s) appearing for the Case

Kenneth Lee Marshall, argued (Daniel M. O'Keefe, Hannah F. Preston, on the brief), St. Louis, MO, for appellant.

Mitchell A. Margo, argued (Kenneth J. Heinz, on the brief), St. Louis, MO, for appellee.

Before LOKEN, Chief Judge, ARNOLD, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Trim Fit, LLC, sued Donald O. Dickey for, as relevant here, breach of a non-compete agreement and unfair competition. Dickey counterclaimed for unpaid commissions and attorney's fees. Joseph E. Voss, the principal of Trim Fit, separately sued Dickey on a promissory note. The cases were consolidated. At the close of Trim Fit's evidence, the district court granted judgment as a matter of law to Dickey on Trim Fit's claims. The jury returned a...

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