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SMITH MACH. CO., INC. v. JENKINS

No. 79-1270.

654 F.2d 693 (1981)

SMITH MACHINERY COMPANY, INC., Plaintiff-Appellee, v. Bob JENKINS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 17, 1981.

Attorney(s) appearing for the Case

Steven L. Tucker of Jones, Gallegos, Snead & Wertheim, Santa Fe, N. M., for defendant-appellant.

Charles H. Coll of Sanders, Bruin & Baldock, Roswell, N. M., for plaintiff-appellee.

Before McWILLIAMS and LOGAN, Circuit Judges, and PALMIERI, District Judge.

LOGAN, Circuit Judge.

Bob Jenkins appeals from a directed verdict finding him in default on a promissory note and awarding Smith Machinery Company, Inc. $29,100.00 in principal and $3,762.79 in interest plus attorneys' fees as provided in the note.1 The issues on appeal are whether the district court erred in refusing to disallow all interest on the note as usurious and whether it erred in directing a verdict for Smith Machinery on the...

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