United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-2345 ___________

Hart-Carter Company, a Delaware * corporation, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota.

HCC, Inc., an Illinois * corporation, * [UNPUBLISHED] * Appellee. * ___________ Submitted: February 12, 1997 Filed: March 13, 1997 ___________ Before MAGILL, BEAM, and LOKEN, Circuit Judges. ___________

PER CURIAM.

The plaintiff, Hart-Carter Company (Hart-Carter), appeals from the district court’s1 order denying its motion to amend its complaint and granting the motion brought by the defendant, HCC, Inc. (HCC), to dismiss for failure to state a claim. Having reviewed the record and the parties’ briefs on appeal, we conclude that the district court properly denied Hart-Carter’s motion to

The Honorable John R. Tunheim, United States District Judge for the District of Minnesota. amend its complaint and properly granted HCC’s motion to dismiss for failure to state a claim. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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