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122829P.pdf 06/26/2013 InCompass IT, Inc. v. XO Communications Services
U.S. Court of Appeals Case No: 12-2829
and No: 12-2868
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges]
Civil Case - Diversity. In action asserting promisory-estoppel claim,
district court did not err in striking jury demand: The nature of the
right asserted sounds in equity, not law, as the claim asserted was an
exchange of oral promises which implicated the statute of frauds and the
nature of the remedy included an imprecise measure of damages, including
reliance damages, which are equitable in nature.