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WEISGRAM v. MARLEY CO.

No. 97-3735.

169 F.3d 514 (1999)

Chad WEISGRAM, individually and on behalf of the heirs of Bonnie Jo Weisgram, decedent, Appellee, v. MARLEY COMPANY, a Delaware Corporation and its subsidiary, Marley Electric Heating Company, a Delaware Corporation; United Dominion Industries, Inc., a Delaware Corporation, Appellants. State Farm Fire & Casualty Insurance Company, Appellee, v. Marley Company, a Delaware Corporation; Marley Electric Heating Company, a Delaware Corporation; United Dominion Industries, Inc., a Delaware Corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1999.

Rehearing and Suggestion for Rehearing Denied April 26, 1999.

Attorney(s) appearing for the Case

Christine A. Hogan, Bismarck, ND, argued (James S. Hill, on the brief), for appellants.

Daniel J. Dunn, Fargo, ND, argued (Paul A. Strandness, Wayzata, MN, on the brief), for appellees.

Before BOWMAN, Chief Judge, BRIGHT, and MAGILL, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 26, 1999.*

BOWMAN, Chief Judge.

Marley Company appeals from the judgment of the District Court, entered upon a jury verdict, awarding damages to Chad Weisgram, individually and on behalf of the heirs of Bonnie Weisgram, and to State Farm Fire and Casualty Company. We vacate the judgment and remand for entry of judgment as a matter of law in favor of Marley.

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