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OSGUTHORPE v. ANSCHUTZ LAND AND LIVESTOCK COMPANY

No. 71-1296.

456 F.2d 996 (1972)

D.A. OSGUTHORPE, Plaintiff-Appellee, v. ANSCHUTZ LAND AND LIVESTOCK COMPANY, Inc., a corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 20, 1972.

Attorney(s) appearing for the Case

Merlin O. Baker of Ray, Quinney & Nebeker, Salt Lake City, Utah (Edward W. Clyde of Clyde, Mecham & Pratt, Salt Lake City, Utah, on brief) for defendant-appellant.

George M. McMillan of McMillan & Browning, Salt Lake City, Utah (E. Nordell Weeks of McMillan & Browning, Salt Lake City, Utah, on brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, DOYLE, Circuit Judge, and WINNER, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

This case involves distinct but not unrelated claims filed and prosecuted by appellee. The first of these involved an alleged balance due for sheep sold to appellant; a verdict in the amount of $9,797.06 was awarded by the jury. The second claim was for professional services allegedly rendered by appellee in connection with the nerve gas poisoning of appellant's sheep by the Army at Skull Valley, Utah in March 1967. The recovery on...

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