BRUNSMAN v. DeKALB SWINE BREEDERS, INC.

Nos. 97-1135, 97-1136 and 97-1253.

138 F.3d 358 (1998)

Lynn BRUNSMAN; Karen Brunsman, Plaintiffs-Appellants, v. DEKALB SWINE BREEDERS, INC., Defendant-Appellee, Ronald J. NELSON; Brenda K. Nelson, Plaintiffs-Appellants, v. DEKALB SWINE BREEDERS, INC., Defendant-Appellee, Lynn BRUNSMAN; Karen Brunsman, Plaintiffs-Appellees, v. DEKALB SWINE BREEDERS, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1998.


Attorney(s) appearing for the Case

Anne E. Updegraff, Cedar Rapids, IA, argued, Peter C. Riley, on the brief, for Defendant-Appellant.

Margaret M. Prahl, Sioux City, IA, argued, Mark Boswell, DeKalb, IL, on the brief, for Plaintiffs-Appellees.

Before McMILLIAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Lynn and Karen Brunsman and Ronald and Brenda Nelson appeal the district court's entry of summary judgment against them on their breach of warranty claims against DeKalb Swine Breeders, Inc. Both couples are hog farmers who bought boars from DeKalb to use for breeding. Their contracts disclaimed any warranty of merchantability, health, or fitness for a particular purpose and limited the buyer...

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