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T'AI CORP. v. KALSø SYSTEMET, INC.

No. 76-1543.

568 F.2d 145 (1977)

T'AI CORPORATION, a Colorado Corporation, Plaintiff-Appellant, v. KALSø SYSTEMET, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 19, 1977.

Attorney(s) appearing for the Case

Gordon G. Greiner, Denver, Colo. (Jeffrey C. Pond, Holland & Hart, Denver, Colo., on brief), for plaintiff-appellant.

Burton S. Cooper, New York City (of Shatzkin, Cooper, Labaton, Rudoff & Bandler, New York City, and Benjamin F. Stapleton, Denver, Colo., William G. Imig, Salida, Colo., Edward O. Byrne, New York City, and Michael Touff of Ireland, Stapleton, Pryor & Holmes Professional Corporation, Denver, Colo., on brief), for defendant-appellee.

Before McWILLIAMS and DOYLE, Circuit Judges, and MARKEY, Chief Judge.

McWILLIAMS, Circuit Judge.

This is essentially an action for breach of an oral contract which was expanded to include a claim for damages based on an alleged violation of section 1 of the Sherman Act, 15 U.S.C. § 1. By way of relief the plaintiff sought money damages, specific enforcement, injunction and declaratory judgment. In a non-jury trial, the trial judge found that there was no contract between the parties, and that there had been no violation of the...

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