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AMERICAN ROAD EQUIPMENT CO. v. EXTRUSIONS, INC.

No. 93-2016.

29 F.3d 341 (1994)

AMERICAN ROAD EQUIPMENT COMPANY, Plaintiff-Appellee, v. EXTRUSIONS, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided: July 12, 1994.

Attorney(s) appearing for the Case

Norman Denenberg, Omaha, NE, argued, for appellant.

David Buelt, Omaha, NE, argued, for appellee.

Before LOKEN, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

LOKEN, Circuit Judge.

In this diversity action, a jury awarded American Road Equipment Company ("American Road") $273,600 in consequential damages on its claim that Extrusions, Inc. ("Extrusions"), failed to timely deliver components for American Road's gas stove products. Extrusions appeals. We conclude that the evidence does not support a large portion of this lost profits damage award. Accordingly, we remand the case for a new trial unless American Road consents...

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