Question: In August 1998, Jea Yu contacted Cameron Eppler, president of Design 88, Ltd., to discuss developing a Web site that would cater to investors and

In August 1998, Jea Yu contacted Cameron Eppler, president of Design 88, Ltd., to discuss developing a Web site that would cater to investors and provide services to its members for a fee. Yu and Patrick Connelly invited Eppler and Ha Tran, another member of Design 88, to a meeting to discuss the site. The parties agreed that Design 88 would perform certain Web design, implementation, and maintenance functions for 10 percent of the profits from the site, which would be called "The Underground Trader." They signed a "Master Partnership Agreement,"which was later amended to include Power Uptik productions, LLC (PUP). The parties often referred to themselves as partners. From Design 88's offices in Virginia, Design88 designed and hosted the site, solicited members through Internet and national print campaigns. When relations among the parties soured, PUP withdrew. Design 88 filed a suit against PUP and the others. Did a partnership exist among these parties? Explain. Design 88 Ltd., v. Power Uptik Productions, LLC, 133 F.Supp.2d 873 (W.D.Va. 2001).

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