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BOEING AIRPLANE COMPANY v. O'MALLEY

Nos. 17266, 17267.

329 F.2d 585 (1964)

BOEING AIRPLANE COMPANY, a Corporation, Appellant, v. John A. O'MALLEY and V. J. Pedrizetti, Trustees in Dissolution of Atlas Helicopter Service, Inc., a Corporation, Appellees. John A. O'MALLEY and V. J. Pedrizetti, Trustees in Dissolution of Atlas Helicopter Service, Inc., a Corporation, Appellants, v. BOEING AIRPLANE COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

March 25, 1964.

Attorney(s) appearing for the Case

William P. O'Brien of Nye, Sullivan, McMillan, Hanft & Hastings, Duluth, Minn., made argument for the Boeing Airplane Co. and filed briefs.

Solly Robins of Robins, Davis & Lyons, Minneapolis, Minn., made argument for John A. O'Malley and others and filed brief with Harding A. Orren and Lawrence Zelle, of counsel, Robins, Davis & Lyons, Minneapolis, Minn., H. B. Fryberger, Duluth, Minn.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.

VOGEL, Circuit Judge.

Case No. 17,266 is an appeal by The Boeing Company from a judgment entered against it based upon a jury verdict returned in a damage suit premised on allegations of fraudulent misrepresentation and breach of contract. Boeing acquired the assets and liabilities of the Vertol Aircraft Corporation in March 1960. The Vertol Corporation, now a division of Boeing, was and is engaged in the design, fabrication and sale of aircraft that have the characteristics...

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