DAVIS CATTLE CO., INC. v. GREAT WESTERN SUGAR CO.

No. 75-1426.

544 F.2d 436 (1976)

DAVIS CATTLE CO., INC., Plaintiff-Appellee, v. The GREAT WESTERN SUGAR COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 20, 1976.

Rehearing Denied October 26, 1976.


Attorney(s) appearing for the Case

Jeremiah C. Collins, Washington, D. C. (John W. Vardaman, Jr., Pierce H. O'Donnell, Williams, Connolly & Califano, Washington, D. C., and Jerry C. Daniel, Houtchens, Houtchens & Daniel, Greeley, Colo., of counsel, on the brief), for plaintiff-appellee.

Kenneth L. Starr, Denver, Colo. (Hardin Holmes, Ireland, Stapleton, Pryor & Holmes, Denver, Colo., and Ivan Irwin, Jr., Shank, Irwin, Conant, Williamson & Grevelle, Dallas, Tex., on the brief), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

This is a contract dispute between Great Western Sugar Company and its sugar beet growers concerning the so-called initial payment due the growers under the 1974 sugar beet contract. The trial court, sitting without a jury, found that in making the initial payment the Company breached the contract in two particulars, resulting in an initial payment to the growers which was substantially less than that called for by the contract. After allowing...

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