BURSCH v. BEARDSLEY & PIPER, A DIV. OF PETTIBONE

Nos. 91-2891, 91-3028.

971 F.2d 108 (1992)

Richard BURSCH; Loretta Bursch, Plaintiffs-Appellees/Cross-Appellants, v. BEARDSLEY & PIPER, a DIVISION OF PETTIBONE CORP., Defendant-Appellant/Cross-Appellee. BEARDSLEY & PIPER, a DIVISION OF PETTIBONE CORP., Third-Party Plaintiff, v. DeZURIK, a DIVISION OF GENERAL SIGNAL MANUFACTURING CORP., a Delaware Corp., Third-Party Defendant.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1992.


Attorney(s) appearing for the Case

Robert D. Kolar, Chicago, Ill., argued and on brief (David R. Kelly and Timothy J. Mattson, Minneapolis, Minn., on the brief), for appellant/cross-appellee.

Robert G. Gubbe, Roseville, Minn., argued (William Krueger, Robert Gubbe, Roseville, Minn., and Donohue Rajkowski, Saint Cloud, Minn., on the brief, for appellees/cross-appellants.

Before BEAM, Circuit Judge, HENLEY, Senior Circuit Judge, and HANSEN, Circuit Judge.


BEAM, Circuit Judge.

Beardsley & Piper appeals an adverse judgment arising from a diversity action filed by Richard Bursch, an injured foundry worker, and his wife, Loretta. Beardsley & Piper asserts that the district court erred in denying its request for a superseding cause instruction and in refusing to reallocate part of an uncollectible share of the verdict to Bursch. The Bursches cross-appeal, arguing that the district court erred in denying them prejudgment...

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