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AMERINE NATIONAL CORPORATION v. DENVER FEED COMPANY

Nos. 73-1619, 73-1620.

493 F.2d 1275 (1974)

AMERINE NATIONAL CORPORATION, Plaintiff-Appellee and Cross-Appellant, v. DENVER FEED COMPANY, a Colorado corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 20, 1974.

Attorney(s) appearing for the Case

J. Albert Sebald, of Grant, Shafroth, Toll & McHendrie, Professional Corp., Denver, Colo., for plaintiff-appellee and cross-appellant.

Arthur L. Fine, Denver, Colo., for defendant-appellant and cross-appellee.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a turkey case. The action in District Court was by Amerine National Corporation to recover from Denver Feed Company for the sale and delivery of 51,000 young turkeys (called poults). These poults were part of a larger order and the balance of the order was paid for. The poults in question were conceded to be "H & N" brand hens and "Amerine" brand toms. In a trial to the court judgment was entered in favor of the plaintiff...

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