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SMITH v. NICK'S CATERING SERVICE

No. 76-1821.

549 F.2d 1194 (1977)

Larry C. SMITH, Plaintiff-Appellant, v. NICK'S CATERING SERVICE, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 25, 1977.

Attorney(s) appearing for the Case

Elmer C. Oberhellmann, St. Louis, Mo., for plaintiff-appellant.

George E. Lee and Doris J. Banta, St. Louis, Mo., for defendant-appellee.

Before HEANEY, ROSS and HENLEY, Circuit Judges.

PER CURIAM.

Larry C. Smith appeals from the district court's dismissal of his diversity complaint for failure to state a claim. We affirm the judgment of dismissal.

Defendant Nick's Catering Service is a food catering service engaged in the business of selling food and beverages on location to industrial workers and other purchasers. The company owns approximately 20 trucks, each of which it leases, together with a route, to a driver. The drivers buy their...

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