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KROPP v. ZIEBARTH

No. 78-1182.

601 F.2d 1348 (1979)

Robert P. KROPP, Appellant, v. Sylvester A. ZIEBARTH, a/k/a Silver A. Ziebarth, and Carol A. Ziebarth, husband and wife, and Cleon Striegel, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1979.

Rehearing Denied July 12, 1979.

Attorney(s) appearing for the Case

John R. Davidson, Davidson, Veeder, Baugh & Broeder, Billings, Mont., argued, for appellant; Fred E. Whisenand, Mclntee & Whisenand, Williston, N. D., on brief.

Robert Edd Lee, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Mont., argued, for appellees; David L. Peterson, Wheeler, Wolf, Wefald & Peterson, Bismarck, N. D., on brief.

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

ORDER GRANTING PETITION FOR REHEARING, WITHDRAWING PRIOR OPINION, AND SUBSTITUTING OPINION OF THE COURT.

Robert P. Kropp, in seeking a rehearing, contends essentially that the district court erred in admitting into evidence exhibits 51 and 92 of the Buyers (Sylvester Ziebarth, Carol Ziebarth, and Cleon Striegel), because the exhibits lack foundation and impermissibly reflect gross rather than net losses in value to Buyers stemming from Kropp's breach of contract...

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