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US SALT, INC. v. BROKEN ARROW, INC.

Nos. 08-2423, 08-2465.

563 F.3d 687 (2009)

US SALT, INC., Plaintiff-Appellant/Cross-Appellee, v. BROKEN ARROW, INC., Defendant-Appellee/Cross-Appellant, John Does 1-10; XYZ Corporation, whose true names are unknown to Plaintiff; ABC Corporation, whose true names are unknown to Plaintiff, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: April 20, 2009.

Attorney(s) appearing for the Case

Evon M. Spangler, argued, St. Paul, MN, for appellant/cross-appellee.

Wallace Goodell Hilke, argued, Amy Ray Mason, on the brief, Minneapolis, MN, for appellee/cross-appellant.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

US Salt, Inc. (U.S. Salt) filed this breach of contract action in Minnesota state court against Broken Arrow, Inc. (Broken Arrow), which subsequently removed the case to federal court on the basis of diversity jurisdiction. The district court1 granted U.S. Salt partial summary judgment on its breach of contract claim but ultimately dismissed the claim for failure to submit admissible evidence to prove damages. US...

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