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LACK INDUSTRIES, INCORPORATED v. RALSTON PURINA COMPANY

No. 17219.

327 F.2d 266 (1964)

LACK INDUSTRIES, INCORPORATED, a corporation, Ernest E. Lack, individually and doing business as Lack Game Farm, and Adele G. Lack, Appellants, v. RALSTON PURINA COMPANY, a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

February 4, 1964.

Attorney(s) appearing for the Case

Stuart W. Rider, Jr., Minneapolis, Minn., made argument for the appellant and filed brief with counsel, Rider, Bennett, Egan & Johnson, Minneapolis, Minn.

Harold C. Evarts, Minneapolis, Minn., made argument for the appellee and filed brief with counsel, Best, Flanagan, Lewis, Simonet & Bellows, Minneapolis, Minn.

Before VOGEL, MATTHES and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

This case has been twice tried to a jury. The court below granted a motion for new trial after the first trial and ordered the judgment entered therein vacated and set aside, 199 F.Supp. 874.

Defendants-appellants (hereafter referred to as "appellants") seek review of the second jury verdict from the United States District Court, District of Minnesota, awarding plaintiff-appellee (hereafter referred...

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