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HCG PLATINUM v. PREFERRED PRODUCT PLACEMENT

No. 15-4157.

873 F.3d 1191 (2017)

HCG PLATINUM, LLC, Plaintiff Counter Defendant-Appellee, v. PREFERRED PRODUCT PLACEMENT CORPORATION, Defendant Counterclaimant Third-Party Plaintiff-Appellant, v. Right Way Nutrition LLC; Kevin Wright; Ty Mattingly; Annette Wright; Primary Colors, LLC; Weekes Holdings, LLC; Julie C. Mattingly, Third-Party Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED October 17, 2017.

Attorney(s) appearing for the Case

Scott E. Schutzman , of the Law Offices of Scott E. Schutzman, Santa Ana, California, for Defendant Counterclaimant Third-Party Plaintiff-Appellant.

Kimberly N. Baum ( Evan A. Schmutz , on the briefs), of Durham Jones & Pinegar, P.C., Lehi, Utah, for Plaintiff Counter Defendant-Appellee and Third-Party Defendants-Appellees.

Before HOLMES, SEYMOUR, and MORITZ, Circuit Judges.

HCG Platinum, LLC ("HCG") and Preferred Product Placement Corporation ("PPPC") entered into a Manufacturer's Representative Agreement ("Marketing Agreement"), under which PPPC agreed to place HCG products into specified retailers in exchange for a percentage of the proceeds. Shortly thereafter, HCG filed the underlying breach...

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