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NEVILLE CONST. CO. v. COOK PAINT AND VARNISH CO.

No. 81-1880.

671 F.2d 1107 (1982)

NEVILLE CONSTRUCTION COMPANY, a partnership; Dennis J. Neville; and Donald L. Neville, Appellees, v. COOK PAINT AND VARNISH COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 24, 1982.

Attorney(s) appearing for the Case

Timothy J. Pugh, argued, Boland, Mullin & Walsh, Omaha, Neb., for appellant.

R. Lawrence Purdy, argued, Robins, Zelle, Larson & Kaplan, Minneapolis, Minn., for appellees.

Before BRIGHT and STEPHENSON, Circuit Judges and NANGLE, District Judge.

BRIGHT, Circuit Judge.

Cook Paint and Varnish Company (Cook) appeals from a judgment entered upon a jury verdict awarding $80,000 in damages to Neville Construction Company (the Nevilles)1 in this action based on negligence and breach of warranty. We affirm.

Cook contends that the trial court2 erred in admitting evidence to establish express warranty and in submitting the express warranty issue to the...

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