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FALCON EQUIPMENT CORP. v. COURTESY LINCOLN MERCURY

No. 75-1790.

536 F.2d 806 (1976)

FALCON EQUIPMENT CORPORATION and Mary Louise Faltico, Appellants, v. COURTESY LINCOLN MERCURY, INC., and Ford Motor Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 18, 1976.

Rehearing Denied August 9, 1976.

Attorney(s) appearing for the Case

Patrick Faltico, Kansas City, Mo., for appellant; Byron N. Fox, Kansas City, Mo., on brief.

Michael R. Hellige, Sioux City, Iowa, for appellees.

William J. Rawlings, Sioux City, Iowa, for appellee, Courtesy Lincoln-Mercury.

Gerald M. Kraai, Sioux City, Iowa, for appellee, Ford Motor Co.

Before BRIGHT, STEPHENSON and WEBSTER, Circuit Judges.

PER CURIAM.

Falcon Equipment Corporation (Falcon) instituted this diversity action, claiming breach of warranty and fraud in connection with the sale of a defective automobile, against Courtesy Lincoln Mercury, Inc. (Courtesy) and Ford Motor Company (Ford). The district court,1 sitting without a jury, dismissed the complaint and entered judgment for the defendants. The central issue in this appeal concerns the adequacy of the district...

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