SWANSON v. BAKER INDUSTRIES, INC.

No. 79-1359.

615 F.2d 479 (1980)

Gilbert C. SWANSON, Jr., the Estate of Jay F. Swanson, Gilco Trust Company, Trustee for the Gilbert C. Swanson Family Sprinkle Trust, Appellees, v. BAKER INDUSTRIES, INC., a Delaware Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1980.

Rehearing Denied March 7, 1980.


Attorney(s) appearing for the Case

Richard A. Spellman, Kutak, Rock & Huie, Omaha, Neb., argued, J. Thomas Marten, Omaha, Neb., on brief, for appellant.

D. C. Bradford, III, Bradford & Coenen, Omaha, Neb., argued, George F. Heiden and D. C. Bradford, Omaha, Neb., on brief, for appellees.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.


BRIGHT, Circuit Judge.

This appeal arises out of a breach of contract action brought by Gilbert C. Swanson, Jr., and his relatives (the Swansons) against Baker Industries, Inc. (Baker). Baker had purchased the Swansons' family-owned businesses under two related contracts of sale. The Swansons sued Baker, alleging that the company owed them part of the purchase price due under one of the sale contracts. Following a bench trial, the district court found for the Swansons...

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