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ASAY v. HALLMARK CARDS, INC.

No. 78-1521.

594 F.2d 692 (1979)

Roger ASAY, Appellee, v. HALLMARK CARDS, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 19, 1979.

Attorney(s) appearing for the Case

David C. Trowbridge, Kansas City, Mo. (argued), Tom Riley and Stephen J. Holtman of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, Iowa, on brief, for appellant.

Philip B. Mears, Iowa City, Iowa (argued), Jerald W. Kinnamon, Jon M. Kinnamon, Richard A. Pundt, Cedar Rapids, Iowa, and John M. Thompson, Springfield, Mass., on brief, for appellee.

Before GIBSON, Chief Judge, and BRIGHT and HENLEY, Circuit Judges.

GIBSON, Chief Judge.

Roger Asay filed a complaint in the United States District Court for the Northern District of Iowa on January 5, 1976, against Hallmark Cards, Inc. for damages arising from an alleged scheme to fraudulently deprive him of retirement benefits. On April 11, 1977, Hallmark filed a two-count counterclaim. The District Court, on April 5, 1978, dismissed Count I of the counterclaim and struck Count II, whereupon Hallmark filed a motion for entry of...

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