LEPEL v. HITCH

No. 71-1581.

468 F.2d 149 (1972)

George D. LEPEL, Plaintiff-Appellee, v. H. C. HITCH, Jr., et al., Defendant-Appellants.

United States Court of Appeals, Tenth Circuit.

October 19, 1972.


Attorney(s) appearing for the Case

Hugh J. McClearn, Denver, Colo., for plaintiff-appellee.

Robert G. Grove, Oklahoma City, Okl., for defendant-appellants.

Before HILL and BARRETT, Circuit Judges, and LANGLEY, District Judge.


PER CURIAM.

The appellee, as plaintiff below, sued the appellants for breach of an agistment contract and was awarded damages by a jury. The appellants contend the verdict against them resulted from erroneous instructions of the trial court which in effect rewrote the agreement.

Under the agistment contract the appellee, owner of a livestock feeding facility in Colorado, agreed in writing with the appellants to feed and care for approximately 800 head of cattle...

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