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KINZENBAW v. DEERE AND CO.

No. 80-1132.

632 F.2d 62 (1980)

Jon E. KINZENBAW, an individual and Kinze Manufacturing, Inc., an Iowa Corporation, Appellants, v. DEERE AND COMPANY, a Delaware Corporation and Strohman's, Inc., an Iowa Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 14, 1980.

Attorney(s) appearing for the Case

William R. Carney, Chicago, Ill., for appellees, Deere & Co.

James J. Hill, Emrich, Root, Lee, Brown & Hill, Chicago, Ill., for appellants.

Before ROSS and STEPHENSON, Circuit Judges, and MURPHY, District Judge.

ROSS, Circuit Judge.

Jon E. Kinzenbaw and Kinze Manufacturing, Inc. (hereinafter, Kinze or appellant) appeal from an order of the district court1 denying their motions to vacate a dismissal entered by stipulation pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure and to enforce the underlying settlement agreement by means of a preliminary injunction. We remand the case to the district court with directions to dismiss it...

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