LEHMAN BROS. KUHN v. CLARK OIL & REFINING

No. 83-1874.

739 F.2d 1313 (1984)

LEHMAN BROTHERS KUHN LOEB INCORPORATED, Appellee, v. CLARK OIL & REFINING CORPORATION, Appellant. Intervenor: United States for appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1984.


Attorney(s) appearing for the Case

Peper, Martin, Jensen, Maichel & Hetlage, William A. Richter, Lewis R. Mills, Mark S. Packer, St. Louis, Mo., for appellee.

Bernard A. Barken, Gary H. Feder, Shifrin, Treiman, Barken, Dempsey & Ulrich, St. Louis, Mo., for appellant.

J. Paul McGrath, Asst. Atty. Gen., Thomas E. Dittmeier, U.S. Atty., Michael F. Hertz, Peter R. Maier, Attys., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for intervenor the U.S.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, en banc.


ROSS, Circuit Judge.

The appellee, Lehman Brothers Kuhn Loeb Incorporated, filed a complaint in the United States District Court for the Eastern District of Missouri, seeking damages for an alleged breach of contract and naming as defendant Clark Oil & Refining Corporation. This matter, by consent of the parties, was referred to a magistrate1 pursuant to 28 U.S.C. § 636(c). The parties each filed a motion for summary judgment...

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