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BRAUER v. REPUBLIC STEEL CORPORATION

No. 71-1258.

460 F.2d 801 (1972)

Albert BRAUER et al., Plaintiffs-Appellees, v. REPUBLIC STEEL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 7, 1972.

Attorney(s) appearing for the Case

Gilbert G. Lundstrom, Lincoln, Neb. (Woods, Aitken, Smith, Greer, Overcash & Spangler, Richard W. Smith, Lincoln, Neb., and Franklin D. Gaines, Augusta, Kan., on the brief), for plaintiffs-appellees.

Emmet A. Blaes, Wichita, Kan. (Richard A. Loyd, Timothy E. McKee, and Jochems, Sargent & Blaes, Wichita, Kan., on the brief), for defendant-appellant.

Before BREITENSTEIN, HILL, and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this diversity action, brought in the United States District Court for the District of Kansas and tried to a jury, plaintiffs-appellees had judgment for $273,736.00 against defendant-appellant, Republic Steel Corporation, on claims of breach of warranty and negligence arising out of the sale of pipe in Oklahoma for use in Kansas.

Plaintiffs, owners of adjacent oil leases in Kansas, entered into a unit operating agreement for...

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