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GREAT WESTERN SUGAR v. PENNANT PRODUCTS

No. 84CA0815.

748 P.2d 1359 (1987)

The GREAT WESTERN SUGAR COMPANY, a Delaware corporation, Plaintiff-Appellee, v. PENNANT PRODUCTS, INC., a New York corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 22, 1987.

Certiorari Denied February 1, 1988.

Attorney(s) appearing for the Case

Bradley, Campbell & Carney, P.C., Thomas A. Nolan, Victor F. Boog, Golden, for plaintiff-appellee.

Mousaw, Bigdor, Reeves, Heilbronner & Kroll, Robert J. Pearl, Rochester, N.Y., Bennett S. Aisenberg, Denver, for defendant-appellant.

PIERCE, Judge.

Defendant, Pennant Products, Inc., appeals the trial court judgment entered in favor of plaintiff, the Great Western Sugar Company. We affirm.

This dispute arises from two separate agreements between the parties whereby defendant contracted to purchase specified quantities of refined beet sugar from plaintiff. The first agreement (the fourth quarter contract) was to be performed during the fourth quarter of 1980, and the second agreement (the...

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