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DIESEL POWER EQUIPMENT, INC. v. ADDCO, INC.

No. 03-2936.

377 F.3d 853 (2004)

DIESEL POWER EQUIPMENT, INC., a Nebraska Corporation, Appellee, v. ADDCO, INC., a Minnesota Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 2004.

Rehearing Denied September 1, 2004.

Attorney(s) appearing for the Case

Eric J. Magnuson, argued, Minneapolis, MN (Richard J. Nygaard and Kathy S. Kimmel on the brief), for appellant.

Jeff C. Miller, argued, Omaha, NE (Duncan A. Young on the brief), for appellee.

Before WOLLMAN, HANSEN, and BYE, Circuit Judges.

HANSEN, Circuit Judge.

Following a bench trial, the district court awarded $809,396 to Diesel Power Equipment, Inc. (Diesel Power) in its breach-of-contract claim against ADDCO, Inc., and ADDCO appeals. Because the parties' agreements were not sufficiently definite to form a binding contract under Nebraska law, we reverse the district court's judgment.

I.

Diesel Power is a Deutz engine distributor based in Omaha, Nebraska, whose distributorship covered...

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