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ESSCO GEOMETRIC v. HARVARD INDUSTRIES

Nos. 94-1601, 94-1753.

46 F.3d 718 (1995)

ESSCO GEOMETRIC, doing business as Diversified Foam Products, Inc., a Missouri Corporation, Appellee, v. HARVARD INDUSTRIES, doing business as Harvard Interiors Manufacturing Co., Inc., a Delaware Corporation, Appellant. ESSCO GEOMETRIC, doing business as Diversified Foam Products, Inc., a Missouri Corporation, Appellant, v. HARVARD INDUSTRIES, doing business as Harvard Interiors Manufacturing Co., Inc., a Delaware Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 24, 1995.

Attorney(s) appearing for the Case

Ann E. Buckley, St. Louis, MO, argued (Jay A. Summerville, on the brief), for appellant.

Mark G. Arnold, St. Louis, MO, argued (Thomas M. Dee, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

BRIGHT, Senior Circuit Judge.

I. INTRODUCTION

In this breach of contracts action, Essco Geometrics, Inc., d/b/a Diversified Foam Products (Diversified), a materials supplier, sought damages from Harvard Industries, Inc. (Harvard), a manufacturer of office chairs, for Harvard's failure to honor (1) a written contract for materials and (2) an oral contract for materials, both allegedly made with Diversified. On the written contract claim, a jury awarded $400...

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