072057P.pdf   10/08/2008  Structural Polymer Group  v.  Zoltek Corporation
   U.S. Court of Appeals Case No:  07-2057
                          and No:  07-2171
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Shepherd, Circuit Judge, and
   Erickson, District Judge]
   Civil case - contracts. Leaving aside the issue of whether lack of
   mutuality must be pleaded as an affirmative defense, the district court
   correctly ruled that the supply agreement in question contained mutuality
   as a matter of law; district court did not err in refusing to instruct the 
   jury on defendant's theory that plaintiff had abandoned the supply agreement;
   challenges to evidentiary rulings rejected; claim that jury's damages
   award was based on impermissible speculation and other improper
   grounds rejected, as plaintiff's evidence on lost profits adequately
   supported the award; damages instruction was a correct statement of
   applicable Missouri law on lost profits; on plaintiff's cross-appeal, the
   district court did not err in determining that the jury's damages awards on
   alternative counts were duplicative.