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GILLETTE DAIRY, INC. v. MALLARD MFG. CORP.

Nos. 82-1789, 82-1807.

707 F.2d 351 (1983)

GILLETTE DAIRY, INC., Appellant-Cross Appellee, v. MALLARD MANUFACTURING CORPORATION, Appellee-Cross Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 24, 1983.

Rehearing Denied August 11, 1983.

Attorney(s) appearing for the Case

Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, Neb., for appellee-cross appellant.

Law Offices of Cobb & Rehm, P.C., Kenneth Cobb and Rodney J. Rehm, Lincoln, Neb., for appellant-cross appellee.

Before LAY, Chief Judge, and BRIGHT and ROSS, Circuit Judges.

ROSS, Circuit Judge.

This action involves a diversity suit for breach of express and implied warranties in connection with the sale, by Mallard Manufacturing Corp. (Mallard) to Gillette Dairy, Inc. (Gillette), of a conveyor system. On September 3, 1981, a separate trial was held to determine the applicable statute of limitations and the legal propriety of the plaintiff's negligence claim. The district court held that the applicable statute of limitations was the products...

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