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CLAYTON CTR. ASSOC. v. SCHINDLER HAUGHTON ELEVATOR

No. 83-1055.

731 F.2d 536 (1984)

CLAYTON CENTER ASSOCIATES, a Missouri Limited Partnership by the CENTOR COMPANY, its general partner, Appellant, v. SCHINDLER HAUGHTON ELEVATOR CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1984.

Attorney(s) appearing for the Case

Coffelt & Coffelt, P.C., Kemper R. Coffelt, Clayton, Mo., for defendant-appellee, Schindler Haughton Elevator Corp.

Thompson & Mitchell, William G. Guerri, W. Stanley Walch, Jeffrey T. Demerath, St. Louis, Mo., for plaintiff-appellant, Clayton Center Associates, a Missouri Ltd. Partnership by The Centor Co., its General Partner.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge and JOHN R. GIBSON, Circuit Judge.

HEANEY, Circuit Judge.

Clayton Center Associates (Clayton Center) sued Schindler Haughton Elevator Corporation (Schindler) for breach of a contract to maintain the elevators in the Chromalloy Plaza Building, which Clayton Center owns. After eight days of trial, the district court granted a directed verdict for the defendant, ruling that Clayton Center's proof of damage was too speculative to submit to the jury. We hold that the district court erred in so ruling.<...

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