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MARTELLA v. WOODS

Nos. 82-2257, 82-2258.

715 F.2d 410 (1983)

Fred H. MARTELLA, Robert M. Berry, Robert M. Lee and William J. Mouren, d/b/a Arkavalley Farm, a partnership, Appellees, v. James H. WOODS, Jr., Appellant. Fred H. MARTELLA, Robert M. Berry, Robert M. Lee and William J. Mouren, d/b/a Arkavalley Farm, a partnership, Appellants, v. James H. WOODS, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 24, 1983.

Attorney(s) appearing for the Case

Lamar E. Ottsen, Jr., Moline, Tegethoff, Ottsen, Mauze & Leggat, St. Louis, Mo., for Woods.

Stan J. Goodkin, Popkin, Stern, Heifetz, Lurie, Sheehan, Reby & Chervitz, St. Louis, Mo., for Martella, etc.

Before BRIGHT, JOHN R. GIBSON, and FAGG, Circuit Judges.

BRIGHT, Circuit Judge.

James H. Woods, Jr., d/b/a Chaumiere Farms, appeals the judgment of the district court1 awarding Fred H. Martella, Robert M. Berry, Robert M. Lee and William J. Mouren, d/b/a Arkavalley Farm $43,248 in damages for cover and $64,529.60 in damages for the nondelivery of certain heifers. Arkavalley Farm cross-appeals, arguing that the district court erred in failing to award $129,391.50 in damages for lost profits....

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