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McKINNEY v. LYNCH

No. 78-1061.

619 P.2d 78 (1980)

Jay McKINNEY and David E. McKinney, d/b/a Complete Roofing Service, Plaintiffs-Appellees and Cross-Appellants, v. Robert P. LYNCH, Timothy P. Lynch, Orrel A. Daniel, David F. Lawrence, Frank Glenn Ottesen, A. Warren Willard, David L. Schell, J. N. Thompson Farms, Inc., Commerce Ranch, Inc., Keel Ltd., Karl Smith, Roland A. Wilson, Edward A. Brown, Ralph Tate, and Bowers Holt, Individually and as joint venturers associated and in business under the common name and style of Three Ponds Co.; and Three Ponds Company, a joint venture, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. III.

Rehearings Denied August 7, 1980.

Certiorari Denied November 3 and November 10, 1980.

Attorney(s) appearing for the Case

Banta, Hoyt, Malone & Banta, P. C., J. Mark Hannen, Robert G. Wilson, Jr., Englewood, for plaintiffs-appellees and cross-appellants.

Daniel, McCain & Brown, Edward A. Brown, Steven N. Koeckeritz, Brighton, for defendants-appellants and cross-appellees.

RULAND, Judge.

Plaintiffs, Jay McKinney and David E. McKinney, initiated this action to recover lost profits in conjunction with the roofing of certain condominiums for defendants. Following a jury trial, a verdict was returned awarding plaintiffs $24,900. Pursuant to defendants' motion for new trial, the trial court ordered plaintiffs to remit $5,790, or a new trial would be granted on the issue of damages. Plaintiffs filed a written remittitur and the trial court...

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