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BADEN v. CURTISS BREEDING SERVICE

Civ. No. 2293.

380 F.Supp. 243 (1974)

Philip L. BADEN et al., Plaintiffs, v. CURTISS BREEDING SERVICE, Defendant.

United States District Court, D. Montana, Missoula Division.

August 29, 1974.

Attorney(s) appearing for the Case

Lawrence F. Daly, Garlington, Lohn & Robinson, Missoula, Mont., for plaintiffs.

P. Keith Keller, Keller, Reynolds & Drake, Helena, Mont., for defendant.

ORDER GRANTING A NEW TRIAL OR IN THE ALTERNATIVE A REMITTITUR

RUSSELL E. SMITH, Chief Judge.

Plaintiffs recovered damages for the breach of an implied warranty in the sale of bull semen.

As to Plaintiffs Baden:

Defendant's motion for a new trial is granted on the issue of damages only unless Plaintiffs Baden shall on or before September 15, 1974, file with the clerk of this court a consent to the entry of judgment in the amount of $28,200...

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