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Reporter worked for the Billings Gazette, the largest daily newspaper in Montana and the only daily newspaper in Billings. The Gazette wrongfully terminated Reporter's employment.

Reporter worked for the Billings Gazette, the largest daily newspaper in Montana and the only daily newspaper in Billings. The Gazette wrongfully terminated Reporter's employment. After he was fired, Reporter applied to four newspapers, restricting his job search to papers of equal or greater circulation than that of the Gazette, and only those located in the western United States. The Sacramento Bee, an award-winning newspaper in California's capital, has nearly five times the circulation of the Billings Gazette. The Bee indicated interest in hiring Reporter but at a lower salary than he earned at the Gazette. Reporter rejected the Bee's interest. The other three newspapers that Reporter applied to hired other journalists. There were positions open for journalists at weekly newspapers in Montana - including one in Billings - but Reporter refused to apply for these positions since these were not daily newspapers. There were also daily newspaper reporter positions open in other cities in Montana but none of those papers had close to the circulation of the Gazette, so Reporter did not apply. Reporter was qualified and had the credentials to work for these other Montana newspapers. Instead of looking for additional work, Reporter began to do freelance work for several publications, including U.S.A. Today, Time Magazine, The Denver Post, The Miami Herald, and several other nationally known publications. Reporter earned approximately half of his former salary as a freelance writer. Reporter successfully sued the Gazette for breach of contract. During the remedies phase of the trial the only issue was whether or not Reporter mitigated the damages. If you were the judge at a bench trial, how would you rule? Explain your reasoning.

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