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REPUBLIC NAT. LIFE INS. v. RED LION HOMES, INC.

No. 80-1738.

704 F.2d 484 (1983)

REPUBLIC NATIONAL LIFE INSURANCE COMPANY, a Texas corporation, Plaintiff-Appellant, v. RED LION HOMES, INC., a Colorado corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 3, 1983.

Attorney(s) appearing for the Case

James M. Dieterich, Denver, Colo. (Lowell White, Denver, Colo., with him on brief), of White & Steele, Denver, Colo., for plaintiff-appellant.

Alan E. Karsh, Denver, Colo., for defendant-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

In this diversity case, Republic National Life Insurance Company appeals the trial court's award of $270,480 in damages to Red Lion Homes, Inc. for breach of contract. Republic owned a tract of land near Loveland, Colorado, part of which consisted of 92 undeveloped lots. In January 1972 Republic and Red Lion signed an agreement for Republic to convey the lots to Red Lion "on or before November 1, 1972." Republic was required to install all on...

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