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163728P.pdf   12/08/2017  Tension Envelope Corporation  v.  JBM Envelope Company
   U.S. Court of Appeals Case No:  16-3728
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Gruender, Author, with Wollman and Melloy, Circuit Judges] Civil case - Contracts. The district court did not err in determining defendant did not breach a requirements contract by selling directly to plaintiff's customers, as there was no enforceable requirements contract between the plaintiff and defendant; the Missouri statute of frauds barred plaintiff's claim under the doctrine of promissory estoppel; with respect to plaintiff's claim for material misrepresentation, assuming for the sake of argument that plaintiff could show falsity of a statement that defendant was a "trade-only manufacturer," it could not show that it had any right to rely on the statement, especially where it repeatedly asked for, and defendant repeatedly refused to sign, a non-compete agreement; the other statements plaintiff relied on also failed to meet the test for fraudulent misrepresentation; defendant had no duty to disclose its plans to market envelopes directly and plaintiff's fraudulent nondisclosure claim was properly rejected; there was no evidence defendant used improper means to sell to plaintiff's customers - such as threats, violence or defamation - and plaintiff failed to state a claim for tortious interference; plaintiff failed to support its claim of unfair competition; the information upon which plaintiff based its claim for misappropriation of trade secrets - identity of customers and their requirements - did not qualify as trade secrets under Missouri law.