Bangert Bros. Construction Co. v. Kiewit Western Co.

BRISCOE, Circuit Judge.

Three related appeals are at issue. In the first appeal, defendant Empire Laboratories, Inc., appeals the district court’s partial grant of judgment as a matter of law in favor of plaintiff CSI Trucking, Inc., on its fraudulent misrepresentation claim, as well as the district court’s entry of judgment, after trial, in favor of CSI on that same claim. In the second appeal, defendant Meridian Aggregates Company appeals the district court’s entry of judg.ment, after trial, in favor of plaintiff Ban- gert Brothers Construction Company, Inc., on its breach of warranty and…