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CRESTWOOD FARM BLOODSTOCK v. EVEREST STABLES, INC.

Nos. 13-5688, 13-5689.

751 F.3d 434 (2014)

CRESTWOOD FARM BLOODSTOCK, Plaintiff-Appellee, v. EVEREST STABLES, INC., Defendant-Appellant. Jeffrey L. Nielsen, Plaintiff, Everest Stables, Inc., Plaintiff-Appellant, v. Lewis Pope Mclean, Sr.; Crestwood Farm Bloodstock, LLC; McLean Holdings, LLC; Crestwood Farm, LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 9, 2014.

Attorney(s) appearing for the Case

ARGUED: Thomas W. Pahl , Foley & Mansfield P.L.L.P., Minneapolis, Minnesota, for Appellant. Adrian M. Mendiondo , Kinkead & Stilz, PLLC, Lexington, Kentucky, for Appellees. ON BRIEF: Thomas W. Pahl , Howard I. Wallach , Foley & Mansfield P.L.L.P., Minneapolis, Minnesota, for Appellant. Adrian M. Mendiondo , D. Barry Stilz , Kinkead & Stilz, PLLC, Lexington, Kentucky, for Appellees.

SUTTON, J., delivered the opinion of the court, in which McKEAGUE, J., joined, and WHITE, J., joined in part. WHITE, J. (pp. 447-50), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

In this breeders' quarrel between two thoroughbred horse operations — Everest Stables and Crestwood Farm Bloodstock — the parties dispute the terms of various arrangements between them to reproduce, care for and sell racehorses. The district court granted summary judgment for Crestwood on its breach of contract claim and against Everest on its assortment of claims. We affirm.

I.

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