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SELECT PORK, INC. v. BABCOCK SWINE, INC.

Nos. 80-1355, 80-1364.

640 F.2d 147 (1981)

SELECT PORK, INC., Randall Dreeszen, Brian Bruning, Geraldine Bruning and Brian Bruning, Co-executors of the Estate of LaVerne Bruning, deceased, David Volkert, Dwight Puttmann, Ross Reinking, Stanley Allen, Steve Allen, Dennis Reinking and Eldon Hecht, Plaintiffs-Appellees and Cross-Appellants, v. BABCOCK SWINE, INCORPORATED, Babcock Industries, Inc., Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 6, 1981.

Attorney(s) appearing for the Case

P. L. Nymann, Sioux City, Iowa, for appellant.

Michael R. Mundt, Denison, Iowa, for appellee.

Before HEANEY, Circuit Judge, GIBSON, Senior Circuit Judge, and ARNOLD, Circuit Judge.

ARNOLD, Circuit Judge.

Select Pork, Inc., and ten individual plaintiffs brought suit against Babcock Swine, Inc., and Babcock Industries, Inc. for damages arising from the alleged breach of a contract for the sale of 575 pigs. Plaintiffs alleged breach of implied and express warranties, fraud, and conspiracy. After a non-jury trial, the court1 awarded plaintiffs damages totalling $552,781.29 on their breach of warranties claims, but held...

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