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MANN v. WEYERHAEUSER CO.

Nos. 82-1431, 82-1488.

703 F.2d 272 (1983)

Duane MANN, d/b/a Mann Chemical and Orchard Supply Co., individually and as Trustee, Appellant, v. WEYERHAEUSER COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 15, 1983.

Attorney(s) appearing for the Case

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

Kutak, Rock & Huie, Omaha, Neb., for appellee.

Before BRIGHT and McMILLIAN, Circuit Judges, and HARRIS, Senior District Judge.

McMILLIAN, Circuit Judge.

Duane Mann, d/b/a Mann Chemical and Orchard Supply Co. (Mann), brought this diversity action in Nebraska district court alleging a breach of express and implied warranties under the Nebraska Uniform Commercial Code, Neb.Rev.Stat.U.C.C. (hereinafter cited as U.C.C.) §§ 2-313, 2-314 (Reissue 1980), against Weyerhaeuser Co. for the sale of defective cardboard boxes. Mann brought suit individually and as trustee on behalf of eleven...

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