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FAGERBERG v. WEBB

No. 80CA1142.

678 P.2d 544 (1983)

Kenneth FAGERBERG, David J. Fagerberg, Jr., Richard C. Fagerberg, Lynn Fagerberg, and Rhinie Brunner, Plaintiffs-Appellees, and Brancucci Produce Company, Inc., a Colorado funding company, d/b/a Brancucci Produce Company, Plaintiffs Cross-Appellants, v. George H. WEBB and Dessert Seed Company, Inc., Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 27, 1983.

Certiorari Granted March 12, 1984.

Attorney(s) appearing for the Case

Sherman & Howard, Michael A. Williams, Kenneth B. Siegel, Denver, for plaintiffs-appellees and plaintiffs-cross-appellants.

West & Winters, William L. West, Greeley, for defendant-appellant and cross-appellee George H. Webb.

Paul D. Renner, P.C., John R. Rodman, Denver, Sutherland & Gerber, P.C., Lowell F. Sutherland, El Centro, Cal., for defendant-appellant and cross-appellee Dessert Seed.

SMITH, Judge.

This case involves numerous claims, cross-claims, and third-party complaints alleging negligence, breach of warranty, and indemnity. Trial to a jury resulted in verdicts in favor of plaintiffs Kenneth, David, Richard, and Lynn Fagerberg and Rhinie Brunner (Fagerbergs) and against defendant, Dessert Seed Co., Inc. (Dessert Seed), for negligence and against defendant, George Webb, for breach of warranty. The trial court denied the claims of plaintiff Brancucci...

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