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PALMER v. HOWARD

Nos. 73-1341, 73-1342.

493 F.2d 830 (1974)

Paul B. PALMER et al., Plaintiffs-Appellees, Cross-Appellants, v. Jack HOWARD et al., Defendants-Appellants, Cross-Appellees. Jack HOWARD et al., Third-Party Plaintiffs-Appellants, and Cross-Appellees, v. K. E. WILSON, Third-Party Defendant and Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 21, 1974.

Rehearings Denied February 26, 1974.

Attorney(s) appearing for the Case

Albert B. Wolf of Meer, Wolf & Slatkin, Denver, Colo. (Sutin, Thayer & Browne, Albuquerque, N. M., on the brief), for defendants-appellants and cross-appellees.

W. Robert Ward, Denver, Colo. (Reed L. Frost, Farmington, N. M., on the brief), for plaintiffs-appellees and cross-appellants.

Wayne D. Williams of Williams, Erickson & Wallace, P.C., Denver, Colo., for third-party defendant and appellee.

Before MURRAH, SETH and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This action involves the relative rights of a large number of contracting parties under a joint venture agreement, the purpose of which was to develop, construct and operate a shopping center in Farmington, New Mexico.

There are two groups of joint venturers, the interests of the members of each being substantially similar. On the one hand is the so-called Palmer segment consisting of four Palmers and their wives. In the other...

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