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ROZARK FARMS, INC. v. OZARK BORDER ELEC. CO-OP.

Nos. 87-1791, 87-1830.

849 F.2d 306 (1988)

ROZARK FARMS, INC., a Corporation, Appellant/Cross-Appellee, v. OZARK BORDER ELECTRIC COOPERATIVE, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 10, 1988.

Rehearing Denied July 18, 1988.

Attorney(s) appearing for the Case

James E. Spain, Poplar Bluff, Mo., for appellant/cross-appellee.

Melvin E. Carnahan, Rolla, Mo., for appellee/cross-appellant.

Before McMILLIAN, WOLLMAN and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Both parties in this action appeal from a jury verdict in favor of the plaintiff, Rozark Farms, Inc. (Rozark Farms), awarding $375,000.00 in damages arising out of a fire which occurred at Rozark Farms' charcoal manufacturing plant. We reverse and remand for a new trial on the issue of damages.

BACKGROUND

On the morning of July 3, 1982, a fire destroyed a significant portion of Rozark Farms' charcoal manufacturing plant located...

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