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D. H. OVERMYER CO. v. BROWN

No. 235-70.

439 F.2d 926 (1971)

D. H. OVERMYER CO., Inc., a Colorado corporation, Appellant, v. Roger A. BROWN, individually and as Trustee and Agent for the individuals hereinafter named, Lewis M. Jones, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

March 22, 1971.

Attorney(s) appearing for the Case

Robert M. Anderson, Salt Lake City, Utah (Roger H. Thompson, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, on the brief), for appellant.

Arthur H. Nielsen, Salt Lake City, Utah (Nielsen, Conder, Hansen & Henriod, Salt Lake City, Utah, on the brief), for appellees.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

The trial court denied specific performance of an agreement to enter into a contract for the purchase and sale of the capital stock of the National Warehouse and Distribution Company, hereinafter referred to as National, and the would-be buyer of the stock now seeks reversal of the judgment dismissing his claim.

D. H. Overmyer Co., Inc., a Colorado corporation, as the assignee of D. H. Overmyer Co., Inc., a Utah corporation, the...

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