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MASUEN v. E. L. LIEN AND SONS, INC.

No. 81-1452.

670 F.2d 87 (1981)

Michael MASUEN, Appellant, v. E. L. LIEN AND SONS, INC., A Corp.; Dakota Contracting Corp., A Corp., Appellees, Herb Teske, An Individual; Maynard Sommer, An Individual; Robert Kirwan, An Individual; John Van Lent, An Individual, Appellees, Leonard Peterson, An Individual, and Herb Teske, Maynard Sommer, Robert Kirwan, John Van Lent, Leonard Peterson, Appellees, v. Thomas MANNING.

United States Court of Appeals, Eighth Circuit.

Decided December 23, 1981.

As Amended February 9, 1982.

Rehearing and Rehearing Denied February 19, 1982.

Attorney(s) appearing for the Case

John Blackburn, Blackburn Law Offices, Yankton, S. D., J. Michael Dull (argued), Dull, Murphy, Dull & Michaelson, Le Mars, Iowa, for appellant.

David V. Vrooman (argued), Sioux Falls, S. D., Ron Kappelman (argued), John C. Wiles, Watertown, S. D., for appellees.

Before BRIGHT and ROSS, Circuit Judges, and DEVITT, District Judge.

Rehearing and Rehearing En Banc Denied February 19, 1982.

ROSS, Circuit Judge.

This is an appeal by plaintiff Michael Masuen from an order of the district court1 granting defendants' motion for judgment notwithstanding the verdict and an order refusing Masuen's motion to alter or amend that judgment.

Background.

Masuen was injured in a collision between his motorcycle and an automobile driven by Thomas...

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