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MR. STEAK, INC. v. RIVER CITY STEAK, INC.

Nos. 71-1222, 71-1223.

460 F.2d 666 (1972)

MR. STEAK, INC., Plaintiff-Appellant, Cross-Appellee, v. RIVER CITY STEAK, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

May 16, 1972.

Attorney(s) appearing for the Case

Sanford B. Hertz, Denver, Colo. (Robert W. Hite, Denver, Colo., on the brief), for appellant.

Robert S. Wham, Denver, Colo. (Joffre M. Johnson and Schneider, Shoemaker, Wham & Cooke, Denver, Colo., on the brief), for appellee.

Before MURRAH, SETH, and BARRETT, Circuit Judges.

SETH, Circuit Judge.

This diversity action was brought by Mr. Steak, Inc., against River City Steak, Inc., in United States District Court for the District of Colorado, for breech of a franchise agreement, a sublease agreement, and an equipment lease agreement. The defendant filed a counterclaim based on fraud and other grounds. The case was tried to a jury which found for defendant on its counterclaim in full. The trial court however ordered a remittitur on the ground...

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