Middendorf Sports v. Top Rank, Inc., No. 19-1890 (8th Cir. 2020)
Annotate this CaseTop Rank and Middendorf are boxing promoters and parties to an Agreement and Release regarding a successful boxer's promotional rights. The Eighth Circuit affirmed the district court's grant of summary judgment to Middendorf in part, holding that the Agreement and Release contemplates that Middendorf is entitled to a fee so long as Top Rank promotes the boxer's title defenses pursuant to a promotional rights agreement. However, the court reversed the district court's grant of summary judgment for Middendorf in part, holding that the term "purse," as used in the Agreement and Release, does not include a boxer's share of gate revenues.
Court Description: [Kelly, Author, with Gruender and Erickson, Circuit Judges] Civil case - Contracts. The district court correctly determined that plaintiff is entitled to a fee so long as defendant promotes boxer Terrence "Bud" Crawford's title defenses pursuant to a promotional rights agreement; the district court erred in determining that gate revenues were to be included in determining Crawford's purse for the purpose of determining the fee defendant owed plaintiff; the word purse, as used by the parties, does not include a boxer's share of the gate revenues.
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