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BRADBURY v. DENNIS

Nos. 8229, 8230.

368 F.2d 905 (1966)

T. O. BRADBURY and N. B. Burt, Appellants, v. Frank DENNIS, Appellee. Frank DENNIS, Cross Appellant, v. T. O. BRADBURY and N. B. Burt, Cross Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 4, 1967.

Attorney(s) appearing for the Case

Fred M. Winner, Denver, Colo. (Emory L. O'Connell and Robert J. Enochs, Denver, Colo., with him on brief), for appellants and cross appellees.

Robert B. Yegge and Edward Widmann, Denver Colo. (Yegge, Hall, Treece & Evans, Denver, Colo., and Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., with them on briefs), for appellee and cross appellant.

Before PHILLIPS and HICKEY, Circuit Judges, and CHRISTENSEN, District Judge.

HICKEY, Circuit Judge.

The action as originally filed sought statutory relief for alleged usury growing out of a real estate development agreement. The appellee was the purchaser of real estate and the appellants advanced money to develop the property as a residential housing area. Their contract provided for the payment of 6% interest on the fluctuating balance and, as each completed lot was sold, a bonus of $500.00 per...

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