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ASCENTE BUSINESS CONSULTING, LLC v. DR MYCOMMERCE

No. 20-2474.

9 F.4th 839 (2021)

ASCENTE BUSINESS CONSULTING, LLC, doing business as LIBERTYID, Plaintiff-Appellant v. DR MYCOMMERCE, doing business as eSellerate; Digital River, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2021.

Attorney(s) appearing for the Case

John Norbert Bisanz, Jr. , Benjamin J. Hamborg , HENSON & EFRON, Minneapolis, MN, Christopher M. Jackson , HOLLAND & HART, Denver, CO, James Gordon Sawtelle, Esq. , SHERMAN & HOWARD, Denver, CO, Jessica E. Whelan , HOLLAND & HART, Las Vegas, NV, for Plaintiff-Appellant.

Danielle W. Fitzsimmons , Paul M. Shapiro , Gregory J. Stenmoe , TAFT & STETTINIUS, Minneapolis, MN, for Defendants-Appellees.

Before SMITH, Chief Judge, SHEPHERD and GRASZ, Circuit Judges.

Ascente Business Consulting, LLC hired DR myCommerce to build a web portal so that Ascente could sell its identity-theft-protection services to consumers. When the portal fell below Ascente's expectations, it sued DR myCommerce and its parent company, Digital River, Inc. (collectively, "Digital River"), for Minnesota contract...

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