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CMI CORP. v. GURRIES

No. 80-2272.

674 F.2d 821 (1982)

CMI CORPORATION, Plaintiff-Appellant, v. Raymond A. GURRIES, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 19, 1982.

Attorney(s) appearing for the Case

Reggie N. Whitten of Foliart, Mills & Niemeyer, Oklahoma City, Okl. (Earl D. Mills, Oklahoma City, Okl., with him on the brief), for plaintiff-appellant.

David Buoncristiani of Thelen, Marrin, Johnson & Bridges, San Francisco, Cal. (Douglas Sullivan of Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., and John Joseph Snider of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., with him on the brief), for defendants-appellees.

Before SETH, Chief Judge, and McWILLIAMS and PECK, Circuit Judges.

SETH, Chief Judge.

This appeal centers on a contract whereby CMI Corporation purchased all the stock of Gurries Manufacturing Company. Both companies were engaged in the design, development, and manufacture of equipment used in road building and paving. There was to be made a lump sum payment under the contract to pay the debts of the Gurries Company, and in addition, "Supplemental Payments" were to be made to its stockholders for a 15-year period computed on the...

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