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PETROF TRADING CO. v. INTERMOUNTAIN RESEARCH & ENG. CO.

Nos. 252-69, 283-69.

424 F.2d 704 (1970)

PETROF TRADING COMPANY, a California corporation, Plaintiff-Appellee, v. INTERMOUNTAIN RESEARCH & ENGINEERING COMPANY, Inc., a Utah corporation, Defendant-Appellant. PETROF TRADING COMPANY, a California corporation, Plaintiff-Appellee-Cross-Appellant, v. INTERMOUNTAIN RESEARCH & ENGINEERING COMPANY, Inc., a Utah corporation, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 28, 1970.

Attorney(s) appearing for the Case

C. Keith Rooker, Salt Lake City, Utah (Dale A. Kimball, Salt Lake City, Utah, on the brief), for appellant.

Arthur H. Nielsen, Salt Lake City, Utah, (David S. Cook, Salt Lake City, Utah, on the brief), for appellee.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

The amended complaint seeks reformation and damages for breach of the contract existing between plaintiff-appellee Petrof Trading Co. and defendant-appellant Intermountain Research and Engineering Co. Intermountain counterclaimed and defended on the theory that the contract was usurious and that therefore Intermountain was entitled to damages awarded pursuant to Utah statute penalizing usury.

The trial court refused reformation and awarded...

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