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U.S. WEST FINANCIAL SERVICES, INC. v. BUHLER, INC.

No. 97-3548MN

150 F.3d 929 (1998)

U.S. WEST FINANCIAL SERVICES, INC., a Colorado corporation, Appellant, v. BUHLER, INC., a Minnesota corporation; Buhler International, Ltd., a Swiss corporation, Appellees, U.S. WEST FINANCIAL SERVICES, INC., as assignee of Reuter Recycling of Florida, Inc., a Florida corporation, Appellant, v. BUHLER, INC., a Minnesota corporation; Buhler Brothers, also known as Buhler International, Ltd., Appellees, U.S. WEST FINANCIAL SERVICES, INC., as assignee of Reuter Recycling of Florida, Inc., a Florida corporation, Appellant, v. BUHLER, INC., a Minnesota corporation; Buhler Brothers, also known as Buhler International, Ltd., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1998.

Attorney(s) appearing for the Case

Timothy D. Kelly, Minneapolis, MN, argued (Thomas W. Pahl, Minneapolis, MN, on the brief), for Appellants.

Walter J. Duffy, Minneapolis, MN, argued (John H. Hinderaker, Timothy C. Rank and Amy S. Christophersen, Minneapolis, MN, on the brief), for Appellees.

Before RICHARD S. ARNOLD, JOHN R. GIBSON and FAGG, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

This appeal arises out of the construction of a municipal waste composting facility in Pembroke Pines, Florida, by Reuter Recycling of Florida. Buhler, Inc., which is owned by Buhler International, Ltd. (then known as Buhler Brothers, Inc.), provided equipment, design, and engineering services for the facility. U.S. West Financial Services lent Reuter money to finance the facility. Less than a year after the facility began operation...

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