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DAY v. TOMAN

No. 00-3237.

266 F.3d 831 (2001)

Rose Marie DAY, Personal Representative of the Estate of Jason David Day, Deceased; Rose Marie Day, Personal Representative of the Estate of David Geoffrey Day, Deceased, Assignee of, Plaintiffs/Appellees, Stewart Construction, Inc., A Nebraska Corporation; Doug Stewart, doing business as Stewart's Cat Service and Stewart Construction, Inc., Plaintiffs, v. Gerald TOMAN; Indianola Insurance Company, Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2001.

Attorney(s) appearing for the Case

Vikki S. Stamm, argued, Kearney, NE (Dale A. Romatzke, Kearney, NE, on the brief), for appellant.

Maren L. Clark, argued, Scottsbluff, NE, for appellee.

BEFORE: ROSS, FAGG, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Appellant, Gerald Toman, appeals the district court's1 judgment overruling his motion for judgment notwithstanding the verdict, or in the alternative, a motion for a new trial. For the reasons set forth below, we affirm.

I. BACKGROUND

A. Alignment of the Parties

Appellee, Rose Marie Day, brought this case against Toman pursuant to an assignment by Doug Stewart of his claim against Toman...

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