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FEAR RANCHES, INC. v. BERRY

No. 73-1297.

503 F.2d 953 (1974)

FEAR RANCHES, INC., Appellant, v. H. C. BERRY, d/b/a Berry Ranch Co., et al., Appellees.

United States Court of Appeals, Tenth Circuit.

September 25, 1974.

Attorney(s) appearing for the Case

Milton A. Oman, Salt Lake City, Utah, for appellant.

Frank H. Allen, Jr., Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., for appellees, H. C. Berry, d/b/a Berry Ranch Co., and Berry Land and Cattle Co., Inc.

Charles C. Spann, Grantham, Spann & Sanchez, Albuquerque, N. M., and Krehbiel & Alsup, Clayton, N. M., for appellee, Kelly Perschbacker.

Before JONES, SETH and DOYLE, Circuit Judges.

SETH, Circuit Judge.

An opinion on the first appeal of this case was filed as Fear Ranches, Inc. v. H. C. Berry, et al., 10 Cir., 470 F.2d 905. On the first appeal, all issues were disposed of except as to a point concerning the custom and usage prevailing in New Mexico. On this point the trial judge received evidence but made no finding. The case was remanded for additional findings. These have now been made and the case is before...

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