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MATTINGLY, INC. v. BEATRICE FOODS CO.

Nos. 83-2206, 83-2207.

835 F.2d 1547 (1987)

MATTINGLY, INC., a Kansas Corporation, and Mattingly Pools, Inc., a Kansas Corporation, Plaintiffs-Appellees/Cross Appellants, v. BEATRICE FOODS COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 24, 1987.

Attorney(s) appearing for the Case

Brian G. Grace, Wichita, Kan. (Susan K. McKee of Curfman, Harris, Stallings & Snow, Wichita, Kan., was also on the brief), for plaintiffs-appellees/cross-appellants.

George Leonard, Kansas City, Mo. (Russell S. Jones, Jr. of Shughart, Thompson & Kilroy, Kansas City, Mo., and Ronald Butler, Gerald G. Saltarelli of Butler, Rubin, Newcomer & Saltarelli, Chicago, Ill., were also on the brief), for defendant-appellant/cross-appellee.

Before HOLLOWAY, Chief Judge, MOORE, Circuit Judge, and THOMPSON, District Judge.

HOLLOWAY, Chief Judge.

Plaintiffs Mattingly, Inc. and Mattingly Pools, Inc. brought this action against Beatrice Foods Company to recover damages arising from their use of a pool-coating product, initially called Marble Plastic and later called Marbalon. The district judge tried the case without a jury and entered judgment for the Mattinglys, finding that defendant Beatrice had committed fraud and had breached its express warranties, and awarding actual and punitive...

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