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BARKLEY, INC. v. GABRIEL BROTHERS, INC.

No. 15-2307, No. 15-2308.

829 F.3d 1030 (2016)

BARKLEY, INC. Plaintiff-Appellant v. GABRIEL BROTHERS, INC.; Rugged Wearhouse, Inc. Defendants-Appellees. Barkley, Inc. Plaintiff-Appellee v. Gabriel Brothers, Inc.; Rugged Wearhouse, Inc. Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2016.

Attorney(s) appearing for the Case

David R. Frye , Lathrop & Gage LLP, Kansas City, MO, argued ( Sean T. Foley , on the brief), for appellant/cross-appellee.

Jason R. Scheiderer , Dentons US LLP, Kansas City, MO, argued ( Jacqueline M. Whipple , on the brief), for appellees/cross-appellants.

Before WOLLMAN, MELLOY, and COLLOTON, Circuit Judges.

Gabriel Brothers, Inc. and Rugged Wearhouse, Inc. (Gabriel Brothers), two commonly owned discount clothing and apparel chains that are headquartered in West Virginia, entered into a master services agreement (the Agreement) with Barkley, Inc. (Barkley), a marketing company located...

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