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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.