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HAAS v. LAVIN

No. 78-1968.

625 F.2d 1384 (1980)

William J. HAAS, Plaintiff-Appellee, v. Rosella F. LAVIN, Wesley C. Lavin and Wesley C. Lavin, Jr., Individually; Wesley C. Lavin and Wesley C. Lavin, Jr., as Co-Trustees, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 25, 1980.

Attorney(s) appearing for the Case

Graydon F. Dowis, Jr., Sterling, Colo. (Roger L. Nixt, Sterling, Colo., with him on the brief), for plaintiff-appellee.

Max A. Wilson, Sterling, Colo., for defendants-appellants.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a diversity case in which we are called upon to review the sufficiency of the evidence with respect to liability and also damages. It is somewhat unusual in that it is concerned with a controversy between farmers in Logan County, Colorado. The plaintiff sought and obtained damages in a jury trial growing out of the alleged failure of defendants to properly till their farmland, as a result of which, according to further allegations...

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