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  5. 648 F.Supp. 1344 (1986)
 

ALLING v. AMERICAN TOOL AND GRINDING CO., INC.

Civ. A. No. 79 k-1535.

648 F.Supp. 1344 (1986)

Robert E. ALLING, Robert G. Ernster, Paul F. Trost, Brian L. Zwetzig, Donald R. Giddens, and, Mary Lynn McCormick, Plaintiffs, v. AMERICAN TOOL AND GRINDING COMPANY, INC., a Colorado Corporation, Harry J. Faircloth, and Peter A. Scognamillo, Defendants, Norbert Vogler, Defendant, Judgment debtor, Judgment creditor for the use and benefit of the Plaintiffs, Dynamic Manufacturing Company, Inc., Garnishee-Judgment debtor, Martin Marietta Corporation, and Eastman Kodak Corporation, Garnishees, and Century Bank and Trust, Intervenor.

United States District Court, D. Colorado.

November 26, 1986.

Attorney(s) appearing for the Case

James E. Mitchem, Mitchem & Mitchem, Denver, Colo. for plaintiffs.

Paul G. Goss, Denver, Colo., for Scognamillo.

Jay Stuart Radetsky, Denver, Colo., for Faircloth.

Larry Boris, Boris, Klueger, Nemkov & Jahde, Denver, Colo., for Dynamic Mfg., Inc.

John W. Weaver, West & Weaver, Denver, Colo., for Century Bank.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

I.

BACKGROUND

In early 1976, defendant American Tool and Grinding Company was formed by defendants Vogler, Scognamillo, and Faircloth. The concept of the business was the sale of distributorship packages as a business opportunity. The distributorship had three aspects. American Tool and Grinding would: (1) train distributors in the grinding of machine cutting tools, (2) provide each distributor...

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