10th Circuit Affirms Experts’ Range of 'Typical' Control Premium

Business Valuation UpdateVol. 10 No. 1
Legal and Court Case Update
January 2004
5812 Eating and Drinking Places
722511 Full-Service Restaurants
damages, breach of contract, fair market value (FMV)

Eateries, Inc. v. J.R. Simplot Company
2003 U.S. App. LEXIS 20349
October 6, 2003
Federal Court
10th Circuit
United States Court of Appeals
Mr. Payne (for Eateries) <br> Mr. Wilsey (for J.R. Simplot) <br> Mr. Davis (for J.R. Simplot)


In this breach of contract action for salmonella contamination, the district court used a precontamination offer to purchase the company’s assets as evidence of precontamination fair market value.

See Also

Eateries, Inc. v. J.R. Simplot Company

Issue is whether the district court used an incorrect methodology to calculate damages from sale of salmonella contaminated food. Method was difference between FMV before and after.