FOSTER v. TURLEY

Nos. 85-1679, 85-1761.

808 F.2d 38 (1986)

John M. FOSTER, Plaintiff-Appellee, Cross-Appellant, v. C.F. TURLEY, Jr., a/k/a Frank Turley, Defendant-Counterclaimant-Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 24, 1986.


Attorney(s) appearing for the Case

Don Klein, Jr., Albuquerque, N.M. (John P. Viebranz, Socorro, N.M., with him on brief), for defendant, counterclaimant-cross-appellee, for C.F. Turley, Jr.

Dahl L. Harris, Albuquerque, N.M., for plaintiff-appellee, cross-appellant, for John M. Foster.

Before SEYMOUR, McWILLIAMS, and TACHA, Circuit Judges.


SEYMOUR, Circuit Judge.

C.F. Turley appeals a district court decision in which the judge set aside an arbitration award in Turley's favor and assessed compensatory and punitive damages against him in the total amount of $166,000. John M. Foster cross-appeals, seeking increased damages. We affirm in part and reverse in part, and remand for further proceedings.

The undisputed facts pertinent to our disposition of this appeal are as follows. On November 1, 1977...

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