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FEAR RANCHES, INC. v. BERRY

No. 72-1221.

470 F.2d 905 (1972)

FEAR RANCHES, INC., Appellant, v. H. C. BERRY, d/b/a Berry Ranch Co., et al., Appellees.

United States Court of Appeals, Tenth Circuit.

December 18, 1972.

Attorney(s) appearing for the Case

Milton A. Oman, Salt Lake City, Utah, on the brief for appellant.

Thomas A. Donnelly, of Catron, Catron & Donnelly, Santa Fe, N. M., and George T. Harris, Jr., of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., on the brief for appellees, H. C. Berry, d/b/a Berry Ranch Co., and Berry Land and Cattle Co., Inc.

Charles D. Alsup, of Krehbiel & Alsup, Clayton, N. M., and Charles C. Spann, of Grantham, Spann, Sanchez & Rager, Albuquerque, N. M., on the brief for appellee, Kelly Perschbacker.

Before JONES, SETH and DOYLE, Circuit Judges.

SETH, Circuit Judge.

This is an action for damages brought by the buyer of cattle against the sellers. The complaint alleges that the cattle had a disease known as brucellosis when purchased, and could not be used for breeding as the buyer planned. The complaint also alleges that these cattle infected other cattle of plaintiff when they were put out to pasture together; that it thereby became necessary to test a large number of cattle for the disease. Further, it...

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