This section contains the nature of the case and procedural background.

Winston (P) sued Mediafare (D), contending she was owed a finder's fee for bringing D together with Marcus & O'Leary to create the 'The Gallavants.' A number of written settlements were exchanged between the attorneys involved (see page 35). Each version resulted in further changes in the wording of the settlements. P's attorney contends that the portions of the documents on which the parties agree represent a binding settlement for those issues. The District Court found for P and D appealed.

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