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SPRINT NEXTEL CORP. v. MIDDLE MAN, INC.

No. 15-3108.

822 F.3d 524 (2016)

SPRINT NEXTEL CORPORATION, Plaintiff Counter Defendant-Appellee, v. The MIDDLE MAN, INC., Defendant Counterclaimant-Appellant, and Brian K. Vasquez, Defendant Counterclaimant.

United States Court of Appeals, Tenth Circuit.

May 10, 2016.

Attorney(s) appearing for the Case

Charles R. Price , Tandum Legal Group, LLC, Washington, D.C. ( James J. Kernell , Erickson, Kernell, Derusseau & Kleypas, LLC, Leawood, KS, with him on the briefs), for Defendant Counterclaimant-Appellant.

Dean A. Morande ( Stacey K. Sutton and James B. Baldinger , with him on the brief), Carlton Fields Jorden Burt, P.A., West Palm Beach, FL, for Plaintiff Counter Defendant-Appellee.

Before TYMKOVICH, Chief Judge, LUCERO, and BACHARACH, Circuit Judges.

This appeal grew out of a conflict between the business models of Sprint Nextel Corporation and The Middle Man, Inc. Sprint sells mobile telephones and service plans, intending for the purchasers to use the telephones on the Sprint network (rather than resell them). Middle Man buys mobile telephones, including Sprint's...

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