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CAVEN v. AMERICAN FED. SAV. & LOAN ASS'N OF COLO.

Nos. 85-1517, 85-1551.

837 F.2d 427 (1988)

Jerry L. CAVEN and Thomas O'Donnell d/b/a States Investment, a partnership, Plaintiffs/Appellees, and Timothy Wayne d/b/a Timothy Wayne and Associates, Intervenor Plaintiff/Appellee/Cross Appellant, v. AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION OF COLORADO, Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

January 25, 1988.

Attorney(s) appearing for the Case

F. James Donnelly (Charles A. Miller, with him on briefs), of Stutz, Dyer, Miller and Delap, Denver, Colo., for plaintiffs/appellees.

Howard L. Slavin, Denver, Colo., for intervenor plaintiff/appellee/cross appellant.

Gregory B. Kanan of Rothgerber, Appel, Powers & Johnson, Denver, Colo. (Thomas M. Domme and Elizabeth T. Wald of Rothgerber, Appel, Powers & Johnson, Denver, Colo., and John J. Keilbach of Preston, Altman, Parlapiano, Keilbach & Lytle, Pueblo, Colo., with him on briefs), for defendant/appellant.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and BRIMMER, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

In this diversity action, American Federal Savings appeals from an award of damages to Jerry Caven for breach of contract. We reverse. Timothy Wayne & Associates appeals from a directed verdict in favor of American Federal Savings in the same action. We affirm.

I.

In 1972, American Federal Savings and Loan Association of Colorado ("American Federal") agreed to finance the purchase of real estate and the construction...

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