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CALDWELL v. KATS

No. C-1057.

567 P.2d 371 (1977)

Martin CALDWELL and Paul Caldwell, Petitioner, v. A. G. KATS, G. D. Kats, Sam Kats, and Fred J. Ramaker, Individually and d/b/a K & R Livestock Commission Co., Inc., a corporation, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 22, 1977.

Attorney(s) appearing for the Case

Dailey, Goodwin & O'Leary, P. C., Daniel T. Goodwin, Denver, for petitioner.

Stanley F. Johnson, Boulder, Peter D. VanSoest, Denver, for respondent.

Joseph M. Riddle, Boulder, for third-party defendant.

GROVES, Justice.

We granted certiorari to review the opinion of the Colorado Court of Appeals to be found in Colo.App., 555 P.2d 190. We reverse and direct affirmance of the district court's judgments.

The petitioners (Caldwells) purchased 74 Hereford heifers from the respondent K and R Livestock Commission Co. (K&R), which it in turn had purchased from the respondent Hein. Caldwells claimed that K&R had represented...

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