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Beeck v. Aquaslide ‘N’ Dive Corp.
United States Court of Appeals for the Eighth Circuit
562 F.2d 537 (8th Cir. 1977)
Beeck (plaintiff) sued Aquaslide ‘N’ Dive Corp. (Aquaslide) (defendant) in federal court based on diversity jurisdiction when he was injured on a water slide he alleged Aquaslide had manufactured. Initially, Aquaslide conceded that it had manufactured the slide, but after subsequently inspecting the slide realized it had not. Aquaslide then moved to amend its pleading to deny manufacture. The court granted the motion and ordered a trial on the issue of whether Aquaslide was the manufacturer. The jury found for Aquaslide and the court dismissed Beeck’s claim. Beeck appealed, alleging the court abused its discretion in allowing Aquaslide to amend its complaint and ordering a trial on the issue of manufacture.
Rule of Law
Holding and Reasoning (Benson, J.)
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