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FLEGLES, INC. v. TRUSERV CORP.

Nos. 2006-SC-000471-DG, 2007-SC-000155-DG.

289 S.W.3d 544 (2009)

FLEGLES, INC., Appellant/Cross-Appellee, v. TRUSERV CORPORATION, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

Rehearing Denied August 27, 2009.

Attorney(s) appearing for the Case

Jim L. Flegle, Loewinsohn, Flegle & Deary, LLP, Dallas, TX, Michael Wayne, Bardwell, KY, Counsel for Appellant/Cross-Appellee.

Jean Winfield Bird, Virginia Hamilton Snell, Wyatt, Tarrant & Combs, LLP, Louisville, KY, Counsel for Appellee/Cross-Appellant.

Opinion of the Court by Justice ABRAMSON.

Following a five-day trial, a Carlisle County jury awarded Flegles, Inc., a family-owned hardware and lumber business located in Bardwell, Kentucky, $1.3 million in damages allegedly arising from the company's 1999-2000 construction of and move to an expanded store. Flegles claimed that the ill-fated move was induced by fraudulent business projections provided by its wholesale cooperative, TruServ Corporation,

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