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HARTZELL v. JUSTUS CO., INC.

No. 82-1521.

693 F.2d 770 (1982)

Allan J. HARTZELL, Appellee, v. JUSTUS COMPANY, INC., a corporation, and Justus Homes, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 18, 1982.

Attorney(s) appearing for the Case

Lawrence L. Piersol, Celia Miner, legal intern, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for defendants-appellants Justus Co., Inc. and Justus Homes.

Woods, Fuller, Shultz & Smith P.C. and Arlo Sommervold, Sioux Falls, S.D., for appellee.

Before ROSS, McMILLIAN and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

This is an appeal by the defendants Justus Company, Inc., and Justus Homes1 from the District Court's2 judgment on a jury verdict in favor of the plaintiff Allan J. Hartzell in the amount of $34,794.67. Justus Homes alleges error in the trial judge's refusal to instruct the jury on a limitation-of-remedies clause in its contract with the plaintiff, and further argues that the instructions...

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