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MICHAEL TODD & CO., INC. v. LACAL CO., INC.

No. 77-1828.

583 F.2d 1056 (1978)

MICHAEL TODD & CO., INC., a Nebraska Corporation, Appellee, v. The LACAL COMPANY, INC., a California Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 15, 1978.

Attorney(s) appearing for the Case

Steven M. Luttbeg of Eisenstatt, Higgins, Kinnamon, Okun & Stern, Omaha, Neb., for appellant; John C. Brownrigg, Omaha, Neb., on brief.

Robert V. Dwyer, Jr. of McGrath, North, O'Malley, Kratz, Dwyer, O'Leary & Martin, Omaha, Neb., for appellee; James B. Cavanagh, Omaha, Neb., on brief.

Before BRIGHT and HENLEY, Circuit Judges, and LARSON, Senior District Judge.

HENLEY, Circuit Judge.

Michael Todd & Co., Inc. (Todd) brought this diversity action for breach of contract against The Lacal Company, Inc. (Lacal).1 The district court,2 holding that Lacal had wrongfully terminated the contract, awarded Todd damages, including loss of profits. In this appeal, Lacal does not challenge the district court's conclusion that Lacal breached the contract. Rather, Lacal claims...

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