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BURLINGTON NORTHERN R. CO. v. JUDDS BROS. CONST.

No. 98-2678.

184 F.3d 743 (1999)

BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Appellee, v. JUDDS BROTHERS CONSTRUCTION COMPANY, a Nebraska Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 1999.

Attorney(s) appearing for the Case

William G. Dittrick, Omaha, NE, argued (John J. Jolley, Jr., on the brief), for Appellant.

Rodney M. Confer, Lincoln, NE, argued (Corey L. Stull, on the brief), for Appellee.

Before: RICHARD S. ARNOLD and WOLLMAN, Circuit Judges, and WOLLE, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

Judds Brothers Construction Company prevailed at trial in this case and obtained a jury verdict for damages on its counterclaim for breach of contract against Burlington Northern Railroad Company. The District Court3 granted Burlington Northern's motion for judgment as a matter of law and vacated the jury verdict. Judds Brothers appeals, and we affirm.

Judds Brothers' counterclaim was based on...

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