United States Eighth Circuit

In an action arising when defendant obtained a redesigned motor from a supplier other than plaintiff after plaintiff had supplied defendant with customized motors for several years, dismissal of plaintiff's breach of contract claim is affirmed as plaintiff failed to present evidence from which a reasonable jury could find that defendant breached a Proprietary Information Agreement (PIA) and, absent misuse of protected proprietary information, the PIA did not bar defendant from using the motors it purchased, from modifying those products, or from seeking a replacement vendor when plaintiff walked away from their on-going relationship.

Appellate Information

• Decided 07/12/2007
• Published 07/12/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BYE and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalfof the appellant was Mark H. Verwys of Grand Rapids, MI. David A. Engen of Burnsville, MN, appeared on the brief.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Elizabeth M. Bradshaw of Chicago, IL. Michael H. King of Chicago, and Frederick W. Morris of Minneapolis appeared on the brief.