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WELLONS, INC. v. T.E. IBBERSON CO.

No. 88-5026.

869 F.2d 1166 (1989)

WELLONS, INC., a corporation, Appellant, v. T.E. IBBERSON COMPANY and Ibberson Engineering, Inc., formerly known as Kibcor Engineering, Inc., corporations, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 16, 1989.

Rehearing Denied April 24, 1989.

Attorney(s) appearing for the Case

Elmer B. Trousdale, St. Paul, Minn., for appellant.

Larry D. Espel, Minneapolis, Minn., for appellees.

Before HEANEY and FAGG, Circuit Judges, and HENLEY, Senior Circuit Judge.

HEANEY, Circuit Judge.

Wellons, Inc. appeals from a district court order granting summary judgment in favor of T.E. Ibberson Company and Ibberson Engineering, Inc., formerly known as Kibcor Engineering, Inc. We affirm.

BACKGROUND

National Sun Industries, Inc. (NSI) built a sunflower seed processing plant in Enderlin, North Dakota during the years of 1981 and 1982. The plant was designed to produce sunflower oil and meal for sale and to produce hulls...

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