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DIGITAL ALLY, INC. v. Z3 TECHNOLOGY, LLC

Nos. 12-3258, 12-3268.

754 F.3d 802 (2014)

DIGITAL ALLY, INC., Plaintiff-Counter Defendant-Cross Defendant-Appellant/Cross-Appellee, v. Z3 TECHNOLOGY, LLC, Defendant-Counterclaimant-Third Party Plaintiff-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

May 16, 2014.

Attorney(s) appearing for the Case

James F.B. Daniels of McDowell, Rice, Smith & Buchanan, Kansas City, MO, for Appellant/Cross-Appellee.

Mark E. Wilson ( Meghan A. Welch and Jeremy D. Kerman with him on the briefs) of Kerns, Frost & Pearlman, LLC, Chicago, IL, for Appellee/Cross-Appellant.

Before MATHESON, McKAY, and EBEL, Circuit Judges.

McKAY, Circuit Judge.

This diversity case arises out of two contracts between the parties to this litigation. Both parties have filed appeals, in which Appellant — Cross-Appellee Digital Ally mainly challenges the validity and enforceability of one of the contracts, while Appellee — Cross-Appellant Z3 Technology challenges certain elements of the damages award.

I. Background

The contracts at issue in this...

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