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WESTERN PLAINS SERVICE v. PONDEROSA DEVELOPMENT

No. 83-2286.

769 F.2d 654 (1985)

WESTERN PLAINS SERVICE CORPORATION, A South Dakota Corporation, Plaintiff-Appellee, v. PONDEROSA DEVELOPMENT CORPORATION, A Wyoming Corporation, and Francis H. McVay, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 30, 1985.

Attorney(s) appearing for the Case

Nick G. Kalokathis, Lathrop & Uchner, P.C., Cheyenne, Wyo. (G. Verne Goodsell, Wilson, Olson, Goodsell & Nash, P.C., Rapid City, S.D., with him on the brief), for plaintiff-appellee.

Jack R. Gage (Thomas E. Campbell, with him on the brief), Hanes, Gage & Burke, P.C., Cheyenne, Wyo., for defendants-appellants.

Before McKAY and MOORE, Circuit Judges, and BROWN, District Judge.

JOHN P. MOORE, Circuit Judge.

This is a diversity action brought by Western Plains Service Corporation (WPSC), appellee, to foreclose on a mortgage securing a promissory note executed by Ponderosa Development Corporation and Frank McVay (PDC collectively), appellants. PDC asserted a variety of counterclaims;1 consequently, the case was submitted to a jury. Following a verdict finding generally for PDC, the trial court granted WPSC's motion...

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