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LIMITED FLYING CLUB, INC. v. WOOD

No. 79-2064.

632 F.2d 51 (1980)

LIMITED FLYING CLUB, INC., an Iowa Corporation, James E. Vining, Vernon H. Witt, and George C. Clausen, Appellees, v. Gerald O. WOOD and Eugene O. Wood, d/b/a Wood Aviation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1980.

Attorney(s) appearing for the Case

Richard C. Henry, Lansdale, Henry & Kneip, Tucson, Ariz., for appellants.

G. Wylie Pillers, III, Pillers, Pillers & Pillers, Clinton, Iowa, for appellees.

Before HEANEY and BRIGHT, Circuit Judges, and HUNGATE, District Judge.

HEANEY, Circuit Judge.

Limited Flying Club, Inc., and its three members brought this diversity action alleging fraudulent misrepresentation and breach of express and implied warranties in connection with the sale of a used airplane by Gerald and Eugene Wood. The case was tried to a magistrate,1 sitting without a jury, who dismissed the warranty counts but awarded compensatory and punitive damages for fraud. The district court

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