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MARMO v. TYSON FRESH MEATS, INC.

No. 05-1906, 05-3649.

457 F.3d 748 (2006)

Carol MARMO, Appellant, v. TYSON FRESH MEATS, INC., f/k/a IBP, Inc., Appellee. Carol Marmo, Appellant, v. Tyson Fresh Meats, Inc., f/k/a IBP, Inc., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2006.

Attorney(s) appearing for the Case

Michael D. Goodstein, argued, Washington, DC (Stacey H. Myers of Washington, D.C., Richard A. DeWitt, Scott D. Jochim and David J. Skalka, Omaha, NE, and Thomas A. John, Indianapolis, IN, on the brief), for appellant.

Steven D. Davidson, argued, Omaha, NE (James W. Mizgala and Sherry A. Knutson, Chicago, IL, on the brief), for appellee.

Before ARNOLD and SMITH, Circuit Judges, and MAGNUSON, District Judge.

MAGNUSON, District Judge.

Carol Marmo appeals from the final judgment entered on a jury verdict awarding her $17,500.00 on a nuisance claim against Tyson Fresh Meats, Inc., f/k/a IBP, Inc. ("IBP"). She also appeals the subsequent award of costs. We affirm.

BACKGROUND

Marmo commenced this action in the District Court of Dakota County, Nebraska, in September 2000. IBP timely removed the case to the United States District Court for the District...

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