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PHOTOLAB CORP. v. SIMPLEX SPECIALTY CO.

No. 85-5306.

806 F.2d 807 (1986)

PHOTOLAB CORPORATION, a Minnesota Corporation, Appellee, v. SIMPLEX SPECIALTY CO., a New York corporation; Hostert North America, Inc., a New Jersey corporation; and Carl Hostert, GmbH, Carl Hostert KG; and Carl Hostert GmbH and Co., KG; companies organized under the laws of the Federal Republic of Germany, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1986.

Attorney(s) appearing for the Case

John B. Bellows, Jr., St. Paul, Minn., for appellants.

Terry L. Slye, St. Paul, Minn., for appellee.

Before LAY, Chief Judge and ROSENN and McMILLIAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Carl Hostert, GmbH and Co., KG appeals from a final judgment entered in the District Court1 for the District of Minnesota in favor of Photolab Corp. (Photolab) in a breach of contract suit. For reversal Carl Hostert, GmbH and Co., KG argues that the district court erred in (1) denying its motion to dismiss for insufficiency of service of process, (2) allowing Photolab at the conclusion of the trial to amend its...

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