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CLEMENTS AUTO COMPANY v. SERVICE BUREAU CORPORATION

No. 19783.

444 F.2d 169 (1971)

CLEMENTS AUTO COMPANY, d/b/a Southern Minnesota Supply Company, SM Supply Company, a Wisconsin Corporation, and SM Supply Company, a Minnesota Corporation, Appellees, v. The SERVICE BUREAU CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied May 27, 1971.

Attorney(s) appearing for the Case

Nicholas deB. Katzenbach, Armonk, N. Y., Thomas R. Behan, Stuart W. Rider, Jr., Dayton E. Soby, Richard J. Nygaard, Michael Wolcott, Minneapolis, Minn., for appellant; Rider, Bennett, Egan, Johnson & Arundel, Minneapolis, Minn., of counsel.

Kelton Gage, Mankato, Minn., Blethen, Ogle, Gage & Krause, Mankato, Minn., for appellees.

Before MEHAFFY, HEANEY and BRIGHT, Circuit Judges.

HEANEY, Circuit Judge.

The Service Bureau Corporation, a wholly-owned subsidiary of International Business Machines Corporation, appeals from a judgment awarding SM Supply Company $480,811 in damages, the basis of the award being actionable misrepresentations made by SBC to SM in connection with the sale of data processing services.

SBC asks this Court to set aside the judgment. It contends: (1) that the trial court erred in finding that SBC had made actionable...

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