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DIAMOND SHAMROCK CORP. v. ZINKE & TRUMBO, LTD.

Nos. 85-1698, 85-1803.

791 F.2d 1416 (1986)

DIAMOND SHAMROCK CORPORATION, a Delaware Corporation, Plaintiff-Appellant, Cross-Appellee, v. ZINKE & TRUMBO, LTD., a business association, Robert M. Zinke, an individual, and David B. Trumbo, an individual, Defendants, Counterclaimants-Appellees, and Morris A. Richardson, John Hamilton and Martha Francis, Counterclaimants-Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 16, 1986.

Attorney(s) appearing for the Case

Richard K. Books (H.B. Watson, Jr., and Sharon L. Thomas with him on briefs), Watson & McKenzie, Oklahoma City, Okl., for plaintiff-appellant/cross-appellee.

Richard C. Ford (Gary W. Davis, James U. White, Jr., and L. Mark Walker with him on briefs), Crowe & Dunlevy, Oklahoma City, Okl., for counterclaimants/cross-appellants.

Before BARRETT, McKAY and TACHA, Circuit Judges.

BARRETT, Circuit Judge.

This appeal and cross-appeal is from a judgment containing an interlocutory order, duly certified pursuant to Fed.R.Civ.P. 54(b). Our jurisdiction vests pursuant thereto and by virtue of 28 U.S.C. § 1292(b). There are many issues presented in this complex diversity based case. However, only one is dispositive. That involves a party's failure to object to a jury's general verdict on the ground of inconsistency prior to the discharge of...

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