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LATHAM SEED CO. v. NICKERSON AMERICAN PLANT BREEDERS

Nos. 90-2486, 90-2550.

978 F.2d 1493 (1992)

LATHAM SEED COMPANY; the Ohio Grain Company, formerly doing business as Ohio Soil Service, Inc.; Schettler Seed Farm, Inc., doing business as Diamond Brand Seeds; Rupp Seeds, Inc.; Shockney Seed Service, Inc.; Diener Bros., Inc.; Charles O. Laverty, doing business as Laverty Seed Farm; Coomer Seeds, Inc.; Settlemyre Seed Co.; St. Joseph Valley Seed Co., doing business as M.F.I. Seeds, Appellees, v. NICKERSON AMERICAN PLANT BREEDERS, INC., doing business as Agripro Seeds, Appellant. LATHAM SEED COMPANY; the Ohio Grain Company, formerly doing business as Ohio Soil Service, Inc.; Schettler Seed Farm, Inc., doing business as Diamond Brand Seeds; Rupp Seeds, Inc.; Shockney Seed Service, Inc.; Diener Bros., Inc.; Charles O. Laverty, doing business as Laverty Seed Farm; Coomer Seeds, Inc.; Settlemyre Seed Co.; St. Joseph Valley Seed Co., doing business as M.F.I. Seeds, Appellants, v. NICKERSON AMERICAN PLANT BREEDERS, INC., doing business as Agripro Seeds, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 9, 1992.

Rehearing and Rehearing Denied December 22, 1992.

Attorney(s) appearing for the Case

W. Dennis Cross, Kansas City, Mo., argued (Leonard J. Johnson and Don Kersten, on brief), for appellants.

James L. Kramer, Fort Dodge, Iowa, argued (William S. Gibb and Arthur H. Johnson, on brief), for appellee.

Before LAY, Chief Judge, WOLLMAN, Circuit Judge, and RONEY, Circuit Judge.

Rehearing and Rehearing En Banc Denied December 22, 1992.

WOLLMAN, Circuit Judge.

Nickerson American Plant Breeders, Inc. (Nickerson) appeals from the judgment entered by the district court1 on a verdict against it for fraud and breach of oral contract and for punitive damages. One of the plaintiffs, St. Joseph Valley Seed Company, cross-appeals the denial of prejudgment interest on its exemplary damages award. We affirm the judgment...

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