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BA MTG. CO., INC. v. UNISAL DEVELOPMENT, INC.

Civ. A. No. 75-W-1287.

469 F.Supp. 1258 (1979)

BA MORTGAGE COMPANY, INC., a Delaware Corporation, Plaintiff, v. UNISAL DEVELOPMENT, INC., a Wisconsin Corporation, Defendant.

United States District Court, D. Colorado.

May 7, 1979.

Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover by John S. Pfeiffer and Stephen Klein, Denver, Colo., for plaintiff.

Wood, Ris & Hames by William K. Ris, Denver, Colo., for defendant.

MEMORANDUM OPINION

WINNER, Chief Judge.

After long pretrial skirmishing, and to almost the date of trial, plaintiff asserted both a contract claim and a fraud claim against defendant. Just before trial, the fraud claim was dismissed by plaintiff's trial counsel who had just entered their appearance. In fairness to defendant, there was not a scintilla of evidence of fraud in this case, and I have never before had occasion to try a case in which I was so convinced...

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