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ROCKY MOUNTAIN MACHINERY v. FIRST NAT. BANK

Nos. 83-1486, 83-1509.

767 F.2d 722 (1985)

ROCKY MOUNTAIN MACHINERY CO., Plaintiff-Appellee, Cross-Appellant, v. FIRST NATIONAL BANK OF TRINIDAD, Defendant-Appellant, Cross-Appellee, and Gary C. Carden and Triad Industries, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

July 15, 1985.

Attorney(s) appearing for the Case

Kenneth B. Siegel of Sherman & Howard, Denver, Colo. (Kent J. Lund and Daniel E. Klaus of Sherman & Howard, Denver, Colo., and Louis B. Bruno of Bruno, Bruno & Bahr, P.C., Lakewood, Colo., with him on the brief), for defendant-appellant, cross-appellee.

William G. Imig of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo. (David P. Temple of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo., and Robert E. Slota of Murphy & Slota, Bryn Mawr, Pa., with him on the brief), for plaintiff-appellee, cross-appellant.

Before McKAY, SETH and SEYMOUR, Circuit Judges.

SETH, Circuit Judge.

This is an appeal by the defendant from a judgment entered on a jury verdict for the plaintiff in a diversity contract action brought by Rocky Mountain Machinery Co. against the First National Bank of Trinidad. The plaintiff brings a cross-appeal on the trial court's failure to award prejudgment interest.

A customer of the defendant Bank, Mr. Alvin Wiggins, had some property on which he had been mining coal but the venture was unprofitable...

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