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TRANSPORT MFG. & EQUIP. CO. v. FRUEHAUF TRAILER CO.

Nos. 16710, 16711.

295 F.2d 223 (1961)

TRANSPORT MANUFACTURING & EQUIPMENT COMPANY, a Corporation, and Riss & Company, Inc., a Corporation, Appellants, v. FRUEHAUF TRAILER COMPANY, a Corporation, Appellee. FRUEHAUF TRAILER COMPANY, a Corporation, Appellant, v. TRANSPORT MANUFACTURING & EQUIPMENT COMPANY, a Corporation and Riss & Company, Inc., a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 15, 1961.

Attorney(s) appearing for the Case

Richard S. Righter and William M. Stapleton, Kansas City, Mo., for Transport Mfg. and Equipment Co.; Jack W. R. Headley, Kansas City, Mo., on the brief.

Michael Bogutski and Lawrence R. Brown, Kansas City, Mo., for Fruehauf Trailer Co.; Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., and Ernest L. Rushmer, Detroit, Mich., on the brief.

Before SANBORN, VOGEL and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Defendants Transport Manufacturing & Equipment Company (Transport) and Riss & Company, Inc., (Riss) have appealed from certain portions of the final judgment entered against them. Plaintiff Fruehauf Trailer Company (Fruehauf) has filed a cross-appeal as to portions of the final judgment.

Jurisdiction, based upon diversity of citizenship and the requisite amount, is established.

The parties are in agreement that...

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