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KINCADE v. U.S. ELEC. MOTORS, INC.

No. 99-3621.

219 F.3d 800 (2000)

Forrest KINCADE, parent and guardian of Jason Kincade, an incompetent, Plaintiff-Appellant, Liberty Mutual Insurance Company, Intervenor-Appellant, v. U.S. ELECTRICAL MOTORS, INC.; Precision, Inc., Defendants Borton, Inc.; Defendant-Appellee, John Does, 1-10; M/C Electric, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 2000.

Attorney(s) appearing for the Case

James F. Swindoll, Little Rock, AR, argued (Elton A. Rieves III, West Memphis, AR, and H.L. "Buddy" Slate, Little Rock, AR, on the brief), for Appellants.

Michael F. Vanderford, Little Rock, AR, argued, for Appellees.

Before RICHARD S. ARNOLD, ROSS, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

ROSS, Circuit Judge.

In this diversity case, Forrest Kincade, as parent and guardian of Jason Kincade, and Liberty Mutual Insurance Company appeal from a judgment of the district court1 entered in favor of Borton, Inc. We affirm.

In 1992 Borton entered into a contract with Producers Rice Mill (PRM), agreeing to provide the structural and concrete work necessary to construct a rice drying facility for PRM in Stuttgart, Arkansas...

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