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GATES RUBBER CO. v. IRATHANE SYSTEMS, INC.

No. 82-2178.

710 F.2d 501 (1983)

GATES RUBBER COMPANY, a Colorado corporation, Appellee, v. IRATHANE SYSTEMS, INC., a Minnesota corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 30, 1983.

Attorney(s) appearing for the Case

Briggs & Morgan, Jeffrey F. Shaw, Elizabeth J. Andrews, Saint Paul, Minn., for appellee Gates Rubber Co.

Charles J. Noel, Jesse & Cosgrove, Minneapolis, Minn., for appellant Irathane Systems, Inc.; Joseph W. Anthony, Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, Minn., of counsel.

Before BRIGHT and McMILLIAN, Circuit Judges, and NICHOL, Senior District Judge.

BRIGHT, Circuit Judge.

Irathane Systems, Inc. appeals from the trial court's order dismissing its fourth counterclaim against Gates Rubber Company. The district court dismissed the fourth counterclaim with prejudice on the grounds that Irathane's claims under strict liability and negligence theories could not be maintained in what the court deemed a contract action for "economic loss" under the Uniform Commercial Code.1

Irathane...

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