EL PASO NATURAL GAS CO. v. WESTERN BLDG. ASSOC.

Nos. 80-1001, 80-1002.

675 F.2d 1135 (1982)

EL PASO NATURAL GAS COMPANY, Plaintiff-Appellant, Cross-Appellee, v. WESTERN BUILDING ASSOCIATES, a partnership; R. L. Kysar; W. M. Gallaway; B. J. Baggett; and Perkins & Co., a New Mexico corporation, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

April 21, 1982.


Attorney(s) appearing for the Case

John B. Pound of Montgomery, Andrews & Hannahs, Santa Fe, N. M., for plaintiff-appellant/cross-appellee.

John R. Cooney, Albuquerque, N. M. (Mark B. Thompson, III, Albuquerque, N. M. with him on the briefs), of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., for defendants-appellees/cross-appellants.

Before BARRETT and LOGAN, Circuit Judges, and CHILSON, District Judge.


LOGAN, Circuit Judge.

In this diversity action both plaintiff El Paso Natural Gas Company ("El Paso") and the defendants, Western Building Associates and related parties (collectively "Western"), appeal the trial court's decision, which granted El Paso specific performance of its contract to purchase property owned by Western, but which also granted to Western various adjustments in the sale price. Western challenges the grant of specific performance and El Paso seeks...

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