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SCHERR CONST. CO. v. GREATER HURON DEVELOP. CORP.

No. 82-1370.

700 F.2d 463 (1983)

SCHERR CONSTRUCTION COMPANY, a corporation, Appellee, v. GREATER HURON DEVELOPMENT CORPORATION, a corporation, Appellant, Meese-Peterson & Foss, Inc., a corporation.

United States Court of Appeals, Eighth Circuit.

Decided February 25, 1983.

Attorney(s) appearing for the Case

A. Thomas Pokela, Cadwell, Brende & Sanford, Sioux Falls, S.D., John T. Gassmann, Valley City, N.D., for appellee Scherr Const. Co.

Ron J. Volesky, Churchill, Manolis & Freeman, Huron, S.D., for appellant Greater Huron Development Corp.

John L. Morgan, Morgan, Fuller, Theeler & Cogley, Mitchell, S.D., for appellee Meese-Peterson & Foss, Inc.

Before ROSS and FAGG, Circuit Judges, and BEAM, District Judge.

ROSS, Circuit Judge.

Greater Huron Development Corporation appeals from the order of the trial court1 granting the appellee's motion for summary judgment in an action for breach of contract. The district court's jurisdiction was based upon diversity of citizenship pursuant to 28 U.S.C. § 1332 (1976). The appellant is incorporated under the laws of South Dakota. The appellee, Scherr Construction Company, is incorporated in North Dakota...

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