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KARLEN v. BUTLER MFG. CO.

No. 74-1941.

526 F.2d 1373 (1975)

Merrill KARLEN, Appellee, v. BUTLER MANUFACTURING COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 11, 1975.

Attorney(s) appearing for the Case

Donald J. Porter, May, Porter, Adam, Gerdes & Thompson, Pierre, S. D., for appellant. Rebuttal was made by Mr. Porter.

Wally Eklund, Johnson, Johnson & Eklund, Gregory, S. D., for appellee.

Before HEANEY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

This is a diversity case arising out of the spoilage, through moisture, of a portion of plaintiff Karlen's wheat. The wheat was stored in a building manufactured by defendant Butler Manufacturing Company, of Missouri (hereafter Butler) and sold to plaintiff by the Cook Implement Company (hereafter Cook). It is alleged that there was a breach of warranty by both Butler and Cook. The jury awarded damages to plaintiff in the sum of...

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