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KING v. HORIZON CORP.

Nos. 80-1717, 80-1752.

701 F.2d 1313 (1983)

Frankie J. KING and Beverly J. King, Plaintiffs-Appellees and Cross-Appellants, v. HORIZON CORPORATION, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 6, 1983.

Attorney(s) appearing for the Case

Robert J. Kapelke, Denver, Colo. (Stephen Klein, Denver, Colo., on briefs), Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., for defendant-appellant and cross-appellee.

Kenneth N. Kripke, Denver, Colo. (Joseph M. Epstein, Denver, Colo., on brief), Kripke & Epstein, P.C., Denver, Colo., for plaintiffs-appellees and cross-appellants.

Before SETH and DOYLE, Circuit Judges, and ANDERSON, District Judge.

ALDON J. ANDERSON, District Judge.

Appellant, Horizon Corporation [Horizon], is a Delaware corporation with its principal office and place of business in Tucson, Arizona. It has been acquiring, subdividing and reselling undeveloped lots in New Mexico, Texas, and Arizona. Generally, Horizon's pattern of sales has been to sell vacant unimproved land, sometimes without examination, for investment purposes, and then to induce the buyers to "trade up" their land to other...

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