BIG ROCK MOUNTAIN CORP. v. STEARNS-ROGER CORP.

No. 18745.

388 F.2d 165 (1968)

BIG ROCK MOUNTAIN CORPORATION, Appellant, v. STEARNS-ROGER CORPORATION, Appellee.

United States Court of Appeals Eighth Circuit.

January 19, 1968.


Attorney(s) appearing for the Case

Kelton S. Lynn, of Whiting, Lynn, Freiberg & Shultz, Rapid City, S. D., for appellant and filed brief.

William G. Porter, of Costello, Porter, Hill, Banks & Nelson, Rapid City, S. D., for appellee and filed brief.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.


MEHAFFY, Circuit Judge.

This appeal lies from a judgment entered on a directed verdict in favor of Stearns-Roger Corporation, hereafter referred to as defendant, in an action for breach of expressed and implied warranty of fitness and negligence in the construction of an aluminum stem which supported a gondola-type "bus" for carrying passengers on a novel and experimental aerial tramway. Big Rock Mountain Corporation, hereafter called plaintiff, brought this action...

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