091725P.pdf   03/29/2010  Gregory Cole  v.  Homier Distributing Company,
   U.S. Court of Appeals Case No:  09-1725
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Wollman and Riley, Circuit Judges]
   Civil case - contracts. District court did not err in dismissing plaintiff's
   claim for tortious interference with contracts as plaintiff could not show
   that it had independent business relationships with its dealers predating
   its agreement with defendant; nor did the court err in dismissing
   plaintiff's fraud claims as plaintiff failed to sufficiently allege that
   defendant intended not to perform the contract at the time of its
   formation; no error in excluding a report from plaintiff's damages expert;
   district court did not err in holding plaintiff was precluded from using
   other evidence to establish damages as this evidence was contrary to the
   position plaintiff had maintained throughout the discovery process;
   however, the district court erred in granting defendant summary judgment
   on plaintiff's claim for violation of Missouri Revised Statute Sec.
   407.405 as the evidence was sufficient to support the claim that
   defendant terminated plaintiff in violation of the notice provisions of the
   section.