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ZRUST v. SPENCER FOODS, INC.

No. 81-1453.

667 F.2d 760 (1982)

Evelyn L. ZRUST, Personal Representative of the Estate of John A. Zrust, Deceased, Appellee, v. SPENCER FOODS, INC., Appellant. Waymar Transport Corp., Donald William Mathis; Per Mar Security & Research Corporation and Hartford Accident & Indemnity Company.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1982.

Attorney(s) appearing for the Case

Michael F. Kinney (argued) and Ronald F. Krause of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, Neb., for Spencer Foods, Inc., appellant.

Martin A. Cannon (argued) of Matthews, Cannon & Riedmann, P. C., Omaha, Neb., for appellee.

Before BRIGHT and ROSS, Circuit Judges, and LARSON, Senior District Judge.

BRIGHT, Circuit Judge.

Defendant Spencer Foods, Inc. (Spencer) appeals from a judgment in the amount of $175,000, plus costs, awarded to plaintiff Evelyn L. Zrust by the district court1 following a jury verdict in a negligence action for the wrongful death of plaintiff's decedent, John A. Zrust. Spencer contends that the jury instruction concerning the extent of Spencer's duty toward Zrust was contrary to Nebraska law, and that the district...

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