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SHENG v. STARKEY LABORATORIES, INC.

Nos. 96-1734, 96-1829.

117 F.3d 1081 (1997)

Beihua SHENG, Appellant/Cross-Appellee, v. STARKEY LABORATORIES, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1997.

Attorney(s) appearing for the Case

Daniel S. Goldberg, Minneapolis, MN, argued (Douglas A. Hedin, Elizabeth A. Glidden, Minneapolis, MN, on the brief), for appellant.

Lauren Lonergan, Minneapolis, MN, argued (Gregory M. Bostram, Janel E. LaBoda, Minneapolis, MN, on the brief), for appellee.

Before BOWMAN, BEAM and MURPHY, Circuit Judges.

BEAM, Circuit Judge.

The parties to this lawsuit attended a settlement conference without knowing that the district court had handed down a summary judgment decision. This appeal addresses what effect, if any, should be given to the agreement they reached before discovering the court's action. We hold that a contract was formed and was not based on mutual mistake.

I. BACKGROUND

Beihua Sheng sued her former employer, Starkey Laboratories, Inc. (Starkey...

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