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BOEHM v. FOX

No. 72-1417.

473 F.2d 445 (1973)

Robert BOEHM and Catherine Boehm, Plaintiffs-Appellees, v. Wayne F. FOX et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided February 7, 1973.

Attorney(s) appearing for the Case

Robert W. Green, Ottawa, Kan., for plaintiffs-appellees.

William Koehn, Des Moines, Iowa (Felix G. Kancel, Jr., Kansas City, Kan., on the brief), for defendants-appellants.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

The Boehms filed a complaint for damages against Triple "F" Feeds resulting from the use of a feed additive known as Proto-Tone fed to the Boehms' dairy herd. The complaint was based on alternative theories, one of negligence, the other on breach of express and implied warranties. Triple "F" Feeds appeals from the jury award and subsequent judgment allowing the Boehms $9,000.00 in compensatory damages and $7,500.00 in punitive damages.

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