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LINCOLN CARPET MILLS, INC. v. SINGER CO.

No. 76-1336.

549 F.2d 80 (1977)

LINCOLN CARPET MILLS, INC., a corporation, Appellant, v. The SINGER COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1977.

Attorney(s) appearing for the Case

Kenneth C. Stephan, Lincoln, Neb., on briefs for appellant.

James M. Bausch, Lincoln, Neb., on brief for appellee.

Before HEANEY and STEPHENSON, Circuit Judges, and STUART, District Judge.

HEANEY, Circuit Judge.

The appellant in this case, Lincoln Carpet Mills, Inc. [hereinafter Lincoln], manufactures various types of carpet at its plant in Lincoln, Nebraska. As the final step in preparing a particular type of foam-backed carpet, the product passes through a finishing oven which applies and cures the permanent foam backing. On September 3, 1973, Lincoln's conventional finishing oven was destroyed by fire and soon thereafter, it contacted The Singer...

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