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ESTATE OF KORF v. A.O. SMITH HARVESTORE PRODUCTS

Nos. 89-1135, 89-1136.

917 F.2d 480 (1990)

ESTATE OF Robert W. KORF, Sr. and Minnie Korf, Plaintiffs, Appellees, Cross-Appellants v. A.O. SMITH HARVESTORE PRODUCTS, INC., a Delaware corporation, Defendant, Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

November 6, 1990.

Attorney(s) appearing for the Case

Donald E. Egan (Lee Ann Watson, Paul C. Miltonberger, Michael F. Smetana of Katten Muchin & Zavis, Chicago, Ill., Michael S. Porter, Jon M. Leader of Howe & Porter, Denver, Colo., and Francis A. Benedetti, Wray, Colo., with him on the brief), for defendant, appellant, cross-appellee.

E. Gregory Martin of Wood, Ris & Hames, Denver, Colo. (Wilfred R. Mann with him on the brief), Boulder, Colo., for plaintiffs, appellees, cross-appellants.

Before MOORE and McWILLIAMS, Circuit Judges, and BRATTON, Senior District Judge.

PER CURIAM.

This action arises out of the purchase of a Harvestore agricultural feed and storage structure by Robert W. Korf, Sr. The Harvestore structure was manufactured by A.O. Smith Harvestore Products, Inc. ("AOSHPI") and sold to the Korfs by Big Horn Harvestore Systems, Inc. ("Big Horn"), an independent Harvestore dealer. The Korfs claimed at trial that the structure did not function as represented and that, as a result...

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