BBSERCO, INC. v. METRIX CO.

No. 01-1302.

324 F.3d 955 (2003)

BBSERCO, INC., a Colorado Corporation, # 84-1291855 Plaintiff-Appellee, v. METRIX COMPANY, Defendant, Green Bay Dressed Beef, Inc., Defendant-Appellant, John Schoen, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: February 3, 2003.

Rehearing Denied March 7, 2003.


Attorney(s) appearing for the Case

Kevin James Visser, William S. Vernon, Moyer & Bergman, Cedar Rapids, IA, for BBSerCo, Inc.

J. Richard Johnson, White & Johnson, Cedar Rapids, IA, Warren M. Wanezek, Wanezek & Umentum, Green Bay, WI, James F. Bennett Bryan & Cave, St. Louis, MO, for Green Bay Dressed Beef, Inc.

Before BOWMAN and BYE, Circuit Judges, and NANGLE, District Judge.


BYE, Circuit Judge.

This dispute arises from a failed joint venture to produce and market fetal bovine serum. Green Bay Dressed Beef, Inc., (Green Bay) appeals from a final order of the district court2 denying its motion for judgment as a matter of law (JAML) and upholding a jury verdict on breach of contract and fraud claims in favor of BBSerCo, Inc. We affirm.

I

Because BBSerCo prevailed at trial, we must view the factual...

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