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ENERDYNE CORPORATION v. WM. LYON DEVELOPMENT CO., INC.

Nos. 73-1345, 73-1346.

488 F.2d 1237 (1973)

ENERDYNE CORPORATION, Plaintiff-Appellant, v. WM. LYON DEVELOPMENT CO., INC., Defendant-Appellee, and Panorama Company, Inc., Intervenor-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 28, 1973.

Attorney(s) appearing for the Case

Thomas McKenna, Albuquerque, N. M. (John P. Dwyer, Albuquerque, N. M., on the brief), for plaintiff-appellant.

Peter G. Prina, Albuquerque, N. M. (Bruce D. Hall, Albuquerque, N. M., on the brief), for defendant-appellee.

Vance Mauney, Albuquerque, N. M. (Graham E. Evans, Albuquerque, N. M., on the brief), for intervenor-appellant.

Before HILL, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Enerdyne Corporation (Enerdyne) brought this suit against William Lyon Development Company (Lyon) for damages, alleging wrongful termination and breach of a written contract to purchase land. The trial court granted Lyon's Motion to Dismiss. The Court also dismissed Panorama Company's (Panorama) intervenor action for a brokerage commission. The Court held that a firm commitment from the FHA guaranteeing an insurable mortgage in the amount of...

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