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AUTOMATED CONTROLS, INC. v. MIC ENTERPRISES

No. 78-1691.

599 F.2d 288 (1979)

AUTOMATED CONTROLS, INC., Appellant, v. MIC ENTERPRISES, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1979.

Attorney(s) appearing for the Case

John J. Battershell and Stanley C. Goodwin, Cunningham Law Firm, McCook, Neb., on brief, for appellant.

Ronald D. Mousel, McCook, Neb., and G. Peter Burger, Fairbury, Neb., on brief, for appellee.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, Chief Judge.

PER CURIAM.

In this diversity action Automated Controls, Inc., a Colorado corporation (hereinafter ACI), sued MIC Enterprises, Inc., a Nebraska corporation (hereinafter MIC), for contract damages. ACI had agreed to manufacture and sell to MIC solid state electronic control systems for use on center pivot irrigation machinery distributed by MIC under the brand name "Blu-Max." ACI alleged in its complaint that, after it had manufactured and delivered a portion of the...

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