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Iconco v. Jensen Construction Co.

United States Court of Appeals for the Eighth Circuit
622 F.2d 1291 (1980)


Jensen Construction Company (defendant) won a contract to build a federal government facility as the low bidder. The second-lowest bidder, Iconco (plaintiff), sued Jensen for lost profits, alleging Jensen won the contract only because Jensen misrepresented itself as entitled to a small business preference. Iconco offered the expert testimony of Colonel Walter H. Johnson, the officer in charge of awarding the contract for the project. At one point, Iconco's lawyer asked Johnson a complex hypothetical question reflecting most, but not all, of the other evidence in the case. Johnson's response to the hypothetical indicated essentially that Iconco would have won the contract if it had not been awarded to Jensen. The jury awarded damages to Iconco, and Jensen appealed to the United States Court of Appeals for the Eighth Circuit. Jensen argued the hypothetical question omitted material facts and therefore was inadmissible.

Rule of Law


Holding and Reasoning (Arnold, J.)

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