153694P.pdf   02/17/2017  Mark Neubauer  v.  FedEx Corporation
   U.S. Court of Appeals Case No:  15-3694
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Gruender, Author, with Colloton and Beam, Circuit Judges] 
   Civil case - Contracts. Plaintiff's claim that defendant breached its 
   prior operating agreement with him was properly dismissed as the agreement 
   had expired and no longer controlled their relationship and, in any event, 
   the specific language of the prior agreement foreclosed the claim; 
   plaintiff's second breach-of-contract claim was foreclosed by the language 
   of the agreement; plaintiff's fraud claims were properly dismissed because 
   he failed to plead fraud with the specificity required by Rule 9(b); the 
   parties' relationship was not covered by North Dakota's Franchise 
   Investment Law as the parties' agreement explicitly stated plaintiff was 
   an independent contractor providing transportation services for delivery 
   of defendant's packages and he had not been granted the right to offer or 
   distribute services to customers; the complaint failed to alleged a claim 
   under North Dakota's RICO act.