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HOMETOWN FOLKS, LLC v. S & B WILSON, INC.

Nos. 09-6004, 09-6007.

643 F.3d 520 (2011)

HOMETOWN FOLKS, LLC, Plaintiff-Appellant/Cross-Appellee, v. S & B WILSON, INC.; William L. Wilson; Sally B. Wilson, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 30, 2011.

Attorney(s) appearing for the Case

ARGUED: John P. Konvalinka , Grant, Konvalinka & Harrison, P.C., Chattanooga, Tennessee, for Appellant. Thomas Greenholtz , Chambliss, Bahner & Stophel, P.C., Chattanooga, Tennessee, for Appellees. ON BRIEF: John P. Konvalinka , Charles G. Fisher , Richard G. Pearce , Grant, Konvalinka & Harrison, P.C., Chattanooga, Tennessee, for Appellant. Thomas Greenholtz , T. Maxfield Bahner , Richard W. Bethea , Chambliss, Bahner & Stophel, P.C., Chattanooga, Tennessee, for Appellees.

MARTIN, J., delivered the opinion of the court. NORRIS, J. (pp. 536-37), delivered a separate opinion concurring in the result reached by the majority opinion, in which COOK, J., joined.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Hometown Folks, LLC entered into an Agreement with S & B Wilson Corporation to buy eleven Burger King restaurants. S & B Wilson terminated the Agreement, and Hometown sued for breach of contract and breach of the duty of good faith and fair dealing. After a trial, the jury found that S & B Wilson had properly terminated the Agreement but had breached the duty of good faith and fair dealing, and it...

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