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JENSEN v. SOHLER

No. 79-1101.

601 F.2d 353 (1979)

Wendell JENSEN, Appellee, v. Gail SOHLER, d/b/a Stockmen's Livestock Auction Company, Appellant, Donald Lepp.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

James T. Goetz, (argued and filed briefs) Goetz, Hirsch, Haar & Klimisch, Yankton, S. D., for appellant.

David V. Vrooman, Sioux Falls, S. D., argued and filed brief, for appellee.

Before LAY and HEANEY, Circuit Judges, and DEVITT, District Judge.

LAY, Circuit Judge.

Wendell Jensen brought this action against Gail Sohler d/b/a Stockmen's Livestock Auction Company (Stockmen's), for misrepresentation in connection with Jensen's purchase of 81 heifers at Stockmen's. Jensen alleged that some of the 81 heifers delivered to him were not the same heifers that he purchased. The jury returned a verdict in favor of Jensen and awarded damages of $19,500. Sohler on appeal contends the trial court erred in failing to grant...

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