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221209P.pdf 04/24/2023 Louis DeGidio, Inc. v. Industrial Combustion, LLC
U.S. Court of Appeals Case No: 22-1209
U.S. District Court for the District of Minnesota
[PUBLISHED] [Loken, Author, with Erickson and Kobes, Circuit Judges]
Civil case - Franchise law. When a manufacturer sells replacement parts to
a distributor to repair products the distributor sold, the manufacturer
does not collect an indirect franchise fee within the meaning of the
Minnesota Franchise Act if it charges the distributor a price based on the
retail price the manufacturer paid a third party vendor for the parts; as
a result, the distributorship agreement at issue here was not a franchise;
further, the manufacturer did not breach an oral implied-in-fact contract,
and was not bound by promissory estoppel, when it terminated plaintiff
sales representative without cause.