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MARCUS FOOD CO. v. DiPANFILO

No. 10-3285.

671 F.3d 1159 (2011)

MARCUS FOOD COMPANY, Plaintiff-Appellee, v. Robert DiPANFILO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 27, 2011.

Attorney(s) appearing for the Case

Patricia M. Dengler , Brown, Dengler & O'Brien, LLC, Wichita, KS, for Defendant-Appellant.

Will Wohlford ( Susan R. Schrag with him on the brief), Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, for Plaintiff-Appellee.

Before O'BRIEN, GILMAN, and HOLMES, Circuit Judges.

GILMAN, Circuit Judge.

Marcus Food Company, a Kansas corporation based in Wichita, entered into an oral agreement in 1999 with Robert DiPanfilo, a citizen of Toronto, Canada, under which DiPanfilo served as an independent sales and purchasing agent for the company. The agreement included a provision that rendered DiPanfilo liable to Marcus Food for 45% of any net losses on his accounts. After the parties' relationship ended 10 years later, Marcus Food attempted to...

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