Duane Mann, D/B/A Mann Chemical and Orchard Supply Co., Individually and as Trustee v. Weyerhaeuser Company, a Corporation

McMILLIAN, Circuit Judge.

Duane Mann, d/b/a Mann Chemical and Orchard Supply Co. (Mann), brought this diversity action in Nebraska district court alleging a breach of express and implied warranties under the Nebraska Uniform Commercial Code, Neb.Rev.Stat.U.C.C. (hereinafter cited as U.C.C.) §§ 2-313, 2-314 (Reissue 1980), against Weyerhaeuser Co. for the sale of defective cardboard boxes. Mann brought suit individually and as trustee on behalf of eleven fruit growers who had assigned their claims against Weyerhaeuser to Mann. Before trial, the district court 1 dismissed eight of the fruit…