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LOCKEWILL, INC. v. UNITED STATES SHOE CORP.

Nos. 76-1099, 76-1025.

547 F.2d 1024 (1976)

LOCKEWILL, INC., Appellee, v. The UNITED STATES SHOE CORP. and Pappagallo, Inc., Appellants. LOCKEWILL, INC., Cross-Appellant, v. ASSOCIATED DRY GOODS CORP., d/b/a Stix, Baer & Fuller, et al., Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1976.

Rehearing and Rehearing Denied January 21, 1977.

Attorney(s) appearing for the Case

R. O. Klausmeyer, Cincinnati, Ohio, for appellants, U. S. Shoe Corp. and Pappagallo, Inc.; John C. Shepherd and Joseph A. Kral, III, St. Louis, Mo., on brief.

John J. Cole, St. Louis, Mo., for appellee and cross-appellant, Lockewill, Inc.; William J. Travis, St. Louis, Mo., on brief.

John C. Shepherd, St. Louis, Mo., and R. O. Klausmeyer, Cincinnati, Ohio, filed reply brief for appellants and for cross-appellee, Associated Dry Goods Corp., d/b/a Stix, Baer & Fuller.

Before LAY, ROSS and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 21, 1977.

HENLEY, Circuit Judge.

This is an appeal and cross-appeal from a judgment of the United States District Court for the Eastern District of Missouri which was in one respect favorable to the plaintiff but which in other respects was favorable to the defendants. Jurisdiction of the district court was properly based on diversity of citizenship with the requisite amount in controversy. The case was tried...

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