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HEBRON PUBLIC SCH. NO. 13 v. U.S. GYPSUM

No. 89-5565.

953 F.2d 398 (1992)

HEBRON PUBLIC SCHOOL DISTRICT NO. 13 OF MORTON COUNTY, STATE OF NORTH DAKOTA, Appellee, v. U.S. GYPSUM, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 8, 1992.

Attorney(s) appearing for the Case

Thomas Kenworthy, Philadelphia, Pa., argued (Wickham Corwin, Fargo, N.D., on brief), for appellant.

Daniel Speights, Hampton, S.C., argued (William A. Jordon, Hampton, S.C., Steven C. Lian, Minot, N.D. and Jon M. Arnston, Fargo, N.D., on brief), for appellee.

Before McMILLIAN, Circuit Judge, and HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

McMILLIAN, Circuit Judge.

United States Gypsum Co. (USG) appeals from a final judgment entered in the District Court1 for the District of North Dakota upon a jury verdict in favor of Hebron Public School District No. 13 (Hebron). 723 F.Supp. 416. For reversal USG argues the district court erred in (1) denying its motion for summary judgment because Hebron...

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