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LeSUEUR CREAMERY, INC. v. HASKON, INC.

No. 80-2003.

660 F.2d 342 (1981)

LeSUEUR CREAMERY, INC., a Minnesota Corporation, Appellee, v. HASKON, INC., a Delaware Corporation; Hercules, Inc., a Delaware Corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 17, 1981.

Rehearing and Rehearing Denied October 26, 1981.

Attorney(s) appearing for the Case

Stephen J. Snyder, argued, Diane Hollern, Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., for appellants Haskon, Inc. and Hercules Inc.

W. M. Gustafson, argued, Daniel J. Sheran, MacKenzie, Gustafson & Lucas, Ltd., St. Peter, Minn., for appellee LeSueur Creamery, Inc.

Before HEANEY and HENLEY, Circuit Judges, and NICHOL, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 26, 1981.

HEANEY, Circuit Judge.

LeSueur Creamery, Inc., commenced an action against Haskon, Inc., and Hercules, Inc.,1 alleging breach of warranty, negligence and misrepresentation with respect to the sale, installation and servicing of pasteurizing equipment. The action was tried to a jury and special interrogatories were submitted by the district court on each of the three theories...

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