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ALLEY v. GUBSER DEVELOPMENT CO.

Nos. 83-2415, 83-2423 and 83-2424.

785 F.2d 849 (1986)

Barbara Ann ALLEY and W.H. Alley, Plaintiffs-Appellants, Cross-Appellees, v. GUBSER DEVELOPMENT COMPANY, National Gypsum Company and Weyerhaeuser Company, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

March 3, 1986.

Attorney(s) appearing for the Case

John S. Evangelisti (Karen V. Hendrick with him, on briefs), of LaFond & Evangelisti, Denver, Colo., for plaintiffs-appellants.

Hugh Q. Gottschalk (Robert E. Benson and Anne J. Castle, with him, on briefs), of Holland & Hart, Denver, Colo., for defendants-appellees Gubser Development Co. and Nat. Gypsum Co.

Lawrence W. Treece, of Bender & Treece, P.C., Denver, Colo., for defendant-appellee Weyerhaeuser Co.

Before BARRETT, McWILLIAMS and ANDERSON, Circuit Judges.

BARRETT, Circuit Judge.

Gubser Development Company (Gubser), National Gypsum Company (NGC), and Weyerhaeuser Company (Weyerhaeuser) appeal from a final judgment, 569 F.Supp. 36 (1983), entered in favor of Barbara Ann and W.H. Alley (Alleys). The Alleys cross-appeal on the remitted judgment. Neither Weyerhaeuser nor NGC1 challenge the compensatory damages awarded the Alleys. However, both Weyerhaeuser...

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