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SIMS CONSOLIDATED, LTD. v. IRRIGATION & POW. EQUIP., INC.

No. 74-1732.

518 F.2d 413 (1975)

SIMS CONSOLIDATED, LTD., Plaintiff-Appellee, v. IRRIGATION AND POWER EQUIPMENT, INC., a Colorado Corporation, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided June 24, 1975.

Rehearing Denied July 17, 1975.

Certiorari Denied October 20, 1975.

Attorney(s) appearing for the Case

Francis C. Browne, Washington, D. C. (of counsel, Edward T. Colbert, Washington, D. C. and W. David Pantle, Denver, Colo.), for appellee.

John R. Trigg, Denver, Colo., and James N. Johnson, A. O. Smith Corporation, Milwaukee, Wis., for appellants.

Before HILL, HOLLOWAY and BARRETT, Circuit Judges.

Certiorari Denied October 20, 1975. See 96 S.Ct. 218.

BARRETT, Circuit Judge.

Defendants below appeal from an adverse declaratory judgment order which upheld the validity of a contract and assessed royalty damages of $95,100.76. A summary of the pertinent facts will facilitate our review.

Plaintiff Sims Consolidated, Ltd. (Sims) is an Australian corporation based in Sydney, Australia. In 1970, via a merger, Sims became successor in interest

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