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SOO LINE R. CO. v. FRUEHAUF CORP.

No. 76-1161.

547 F.2d 1365 (1977)

SOO LINE RAILROAD COMPANY et al., Appellees, v. FRUEHAUF CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 25, 1977.

Attorney(s) appearing for the Case

Henry Halladay (argued), Bernard G. Heinzen and Jay L. Bennett, Minneapolis, Minn., on brief, for appellant.

James S. Simonson (argued), and Jeffrey R. Brooke, Minneapolis, Minn., on brief, for appellees.

Before GIBSON, Chief Judge, and LAY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This appeal concerns a contract in which Fruehauf Corporation (Magor)1 agreed to the manufacture, sale and delivery of 500 railroad hopper cars to Soo Line Railroad Company2 for the approximate price of $9,750,000. Soo Line, in this diversity action initiated against Magor, claims breach of contract and negligence in the manufacture of the railcars, and the district court

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