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CENTRAL MICROFILM SERVICE v. BASIC/FOUR CORP.

Nos. 81-1822, 81-1868 and 81-1984.

688 F.2d 1206 (1982)

CENTRAL MICROFILM SERVICE CORPORATION, Appellant, v. BASIC/FOUR CORPORATION, a Delaware corporation, Appellee. CENTRAL MICROFILM SERVICE CORPORATION, Appellee, v. BASIC/FOUR CORPORATION, a Delaware corporation, Appellant. In Re CENTRAL MICROFILM SERVICE CORPORATION, a Missouri corporation, Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided September 24, 1982.

Rehearing and Rehearing Denied October 26, 1982.

Attorney(s) appearing for the Case

William I. Rutherford, Lashly, Caruthers, Thies, Rava & Hamel, P.C., St. Louis, Mo., for plaintiff-appellant cross-appellee.

Morton D. Baron, Thomas R. Jayne, Thompson & Mitchell, St. Louis, Mo., Gerald Walpin, Marvin R. Lange, Susan J. Schwartz, Rosenman, Colin, Freund, Lewis & Cohen, New York City, for defendant-appellee cross-appellant.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and BECKER, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 26, 1982.

HEANEY, Circuit Judge.

In May of 1978, Basic/Four Corporation terminated its dealership agreement with Central Microfilm Service Corporation (CMS) and CMS filed a complaint alleging breach of contract and fraud. The first trial of these claims resulted in a substantial verdict in favor of CMS, which was set aside by the district court. The second trial resulted in a similar though smaller award for CMS...

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