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COMMUNITY TELEVISION SERVICES, v. DRESSER INDUSTRIES

No. 77-1750.

586 F.2d 637 (1978)

COMMUNITY TELEVISION SERVICES, INC., a corporation, Appellee, v. DRESSER INDUSTRIES, INC., a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1978.

Rehearing and Rehearing Denied November 24, 1978.

Attorney(s) appearing for the Case

Hopkins, Sutter, Mulroy, Davis & Cromartie, Chicago, Ill., argued, for appellant; G. Alan Cunningham and David P. Pearson of Faegre & Benson, Minneapolis, Minn., Harold C. Doyle of May, Johnson, Doyle, Becker & Fisher, Sioux Falls, S. D., and Robert W. Patterson, Chicago, Ill. (argued), and Mary S. Nissenson, Chicago, Ill., on brief.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., argued, for appellee; Ellsworth E. Evans and Deming Smith (argued), and Edwin E. Evans, Sioux Falls, S. D., on brief.

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

Rehearing and Rehearing En Banc Denied November 24, 1978.

LAY, Circuit Judge.

Dresser Industries, Inc. appeals from a judgment of the district court in the sum of $1,274,631.60,1 awarded to Community Television Services, Inc. for damages arising from the collapse of a 2,000 foot television and radio broadcasting tower on January 11, 1975. Dresser designed, manufactured, and erected the tower for Community. The jury, answering special...

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