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BANK OF ST. LOUIS v. MORRISSEY

Nos. 78-1338, 78-1367.

597 F.2d 1131 (1979)

BANK OF ST. LOUIS, a Banking Corporation, Appellee, v. John J. MORRISSEY, Appellant, Cross-Appellee. Edwin APPEL, John F. Sullivan, and Albert Stern, v. Henry A. LONGMEYER, Appellee, Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Reed Johnston, Jr. of Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., for Morrissey; Arthur L. Smith, St. Louis, Mo., on brief.

Robert S. Allen of Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for Longmeyer; Andrew Rothschild, St. Louis, Mo., on brief.

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

GIBSON, Chief Judge.

In this diversity case, we again consider a contract dispute which arose from the collapse of cattle prices in 1974. Previously, in Kropp v. Ziebarth, No. 78-1182 (8th Cir. February 28, 1979), we were faced with alleged breach of a contract to purchase cattle of various exotic breeds. In this case the exotic aspect is supplied by the cattlemen rather than the cattle. EFG Cattle Company (EFG) was a joint venture organized by...

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