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LANGER v. IOWA BEEF PACKERS, INC.

Nos. 19618, 19619.

420 F.2d 365 (1970)

Maryjo Feldmiller LANGER, Individually and as Independent Executrix of the Estate of Matthew Robert Gardner, II, Deceased, Appellant, v. IOWA BEEF PACKERS, INC., an Iowa Corporation, Appellee. Maryjo Feldmiller LANGER, Individually and as Independent Executrix of the Estate of Matthew Robert Gardner, II, Deceased, Appellee, v. IOWA BEEF PACKERS, INC., an Iowa Corporation, Appellant.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 29, 1970.

Attorney(s) appearing for the Case

Malcolm D. Young, Omaha, Neb., for Langer, etc.; William E. Naviaux, Omaha, Neb., and Leland C. White, Harlan, Iowa, on the briefs.

P. L. Nymann, Dakota City, Neb., for Iowa Beef Packers; George F. Davis, Sioux City, Iowa, on the briefs.

Before MEHAFFY, GIBSON and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

Two issues are raised on this appeal1 from the United States District Court for the Northern District of Iowa: (1) Is a stock option agreement which provides that the option shall terminate if the optionee ceases to be an employer of the optionor "for any reason, whether voluntarily, [or] involuntarily" terminated by the optionor's sale of a part of the assets of its business including the optionee's employment contract...

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