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HIGHWAY EQUIPMENT CO. v. CATERPILLAR INC.

No. 89-3403.

908 F.2d 60 (1990)

HIGHWAY EQUIPMENT COMPANY, Plaintiff-Appellant, v. CATERPILLAR INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 11, 1990.

Rehearing and Rehearing Denied September 4, 1990.

Attorney(s) appearing for the Case

Charles G. Atkins (argued), John J. Fossett, Strauss & Troy, Charles G. Heyd, Bauer, Morelli & Heyd, Cincinnati, Ohio, for plaintiff-appellant.

William R. O'Brien (argued), Robert M. Bruskin, Howrey & Simon, Washington, D.C., David L. Barth, Cors, Bassett, Kohlhepp, Halloran & Moran, Joseph H. Vahlsing, Cincinnati, Ohio, for defendant-appellee.

Before MARTIN and BOGGS, Circuit Judges, and JOINER, Senior District Judge.

Rehearing and Rehearing En Banc Denied September 4, 1990.

BOGGS, Circuit Judge.

Highway Equipment Company (Highway) sued Caterpillar Inc., Caterpillar Financial Services Corp., B.D. Holt Co., Inc., and Benjamin D. Holt1 for breach of a franchise agreement. All defendants except Caterpillar Inc. (Caterpillar) were dismissed before trial. The case was tried before a jury in March and April, 1989, and the jury returned a verdict for...

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