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FEASTER TRUCKING SERVICE, INC. v. KINDSVATER, INC.

Nos. 71-1321, 71-1322.

460 F.2d 180 (1972)

In the Matter of FEASTER TRUCKING SERVICE, INC., Appellee, Cross-Appellant, v. KINDSVATER, INC. and Andy Kindsvater, Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

May 8, 1972.

Attorney(s) appearing for the Case

Stan E. Wisdom, Wichita, Kan. (Lawrence McDonough, and Jochems, Sargent & Blaes, Wichita, Kan., and Byron G. Larson, and Williams, Larson, Voss & Strobel, Dodge City, Kan., with him on the briefs), for appellants, cross-appellees.

Gerald Sawatzky, Wichita, Kan. (Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., of counsel, with him on the briefs), for appellee, cross-appellant.

Before SETH and BARRETT, Circuit Judges, and MECHEM, District Judge.

SETH, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Kansas.

The parties entered into a contract in which appellant-cross-appellee Kindsvater sold its livestock hauling business to appellee, Feaster Trucking Service, Inc. The contract provided for the sale of trucks, trailers, a Kansas Corporation Commission common carrier permit, and Kindsvater's agreement not to compete. The total consideration was...

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