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SCHWIEGER v. IOWA BEEF PROCESSORS, INC.

No. 85-1868.

816 F.2d 1217 (1987)

John L. SCHWIEGER and Dwayne Vande Stouwe, Appellants, v. IOWA BEEF PROCESSORS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

April 13, 1987.

Attorney(s) appearing for the Case

Fredric H. Kauffman and Terry R. Wittler, Cline, Williams, Wright, Johnson & Oldfather, Lincoln, Neb., for appellee.

Ned A. Stockdale, M. Gene Blackburn, Herbert R. Bennett, Fort Dodge, Ia., for appellants.

Before LAY, Chief Judge, ROSS and WOLLMAN, Circuit Judges.

LAY, Chief Judge.

Iowa Beef Processors, Inc. (IBP) has petitioned for rehearing en banc or for panel rehearing. As grounds for rehearing, IBP asserts that: (1) this decision permits the plaintiffs to waive a condition precedent to IBP's duty to perform, which will have adverse effects on other qualified stock option plans; (2) this decision directly conflicts with our decision in Langer v. Iowa Beef Packers, Inc., 420 F.2d 365

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