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HANDI CADDY, INC. v. AMERICAN HOME PROD. CORP.

No. 76-1699.

557 F.2d 136 (1977)

HANDI CADDY, INC., Appellee, v. AMERICAN HOME PRODUCTS CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1977.

Rehearing Denied June 9, 1977.

Attorney(s) appearing for the Case

Thomas J. Wheatley, Kansas City, Mo., for appellant; Maurice J. O'Sullivan, Jr. and Stephen W. Jacobson, Kansas City, Mo., on brief.

David Skeer, Kansas City, Mo., for appellee; David R. Frensley and John F. Michaels, Kansas City, Mo., on brief.

Before CLARK, Associate Justice, MATTHES, Senior Circuit Judge, and HEANEY, Circuit Judge.

MATTHES, Senior Circuit Judge.

This action was brought in the circuit court of Jackson County, Missouri by Handi Caddy, Inc. to recover damages for breach of contract. Defendant American Home Products Corp. removed the case to the United States District Court for the Western District of Missouri. That court on its own motion separated the issues of breach and damages. In the first trial a six-member jury found that defendant had breached the contract. Accordingly...

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