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HILLSIDE ENTERPRISES, INC. v. CONTINENTAL CARLISLE

Nos. 97-1904, 97-1907 and 97-1908.

147 F.3d 732 (1998)

HILLSIDE ENTERPRISES, INC., a Missouri general business corporation, doing business as Hillside Vineyards, Plaintiff, v. CONTINENTAL CARLISLE, INCORPORATED, Defendant — Appellee, John A. Walsh, Movant — Appellant. HILLSIDE ENTERPRISES, doing business as Hillside Vineyards, Inc., a Missouri general business corporation, Plaintiff — Appellee, v. CONTINENTAL CARLISLE, INCORPORATED, Defendant — Appellant. John A. Walsh, Movant — Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 23, 1998.

Rehearing Denied July 23, 1998.

Attorney(s) appearing for the Case

John A. Walsh, Jr., St. Louis, MO, argued, for Movant.

Jeffrey Fink, St. Louis, MO, argued (David Wells and Mark Sableman, on the brief), for Defendant Continental Carlisle, Inc.

Before McMILLIAN, BOWMAN, and MURPHY, Circuit Judges.

Rehearing Denied in No. 97-1904 July 23, 1998.

BOWMAN, Circuit Judge.

Hillside Enterprises and Continental Carlisle entered into a purchase agreement whereby Continental was to develop and manufacture, and Hillside was to purchase, a semi-disposable wine glass product. Hillside later sued Continental alleging a breach of the purchase agreement and misrepresentation. Continental counterclaimed, seeking to recover for shipments of the product already delivered...

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