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COOLEY v. BIG HORN HARVESTORE SYSTEMS

No. 88SC420.

813 P.2d 736 (1991)

Robert COOLEY and Rita Cooley, d/b/a Cooley Dairy; Donald Weed; Ben Konishi, D.V.M.; Pamela Ann Konishi; Mark Konishi; and Jeffrey Konishi, Petitioners and Cross-Respondents, v. BIG HORN HARVESTORE SYSTEMS, INC., a Colorado corporation, and A.O. Smith Harvestore Products, Inc., a Delaware corporation, Respondents and Cross-Petitioners.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 15, 1991.

Attorney(s) appearing for the Case

Wood, Ris & Hames, P.C., E. Gregory Martin, Denver, Wilfred R. Mann, Boulder, for petitioners and cross-respondents.

Richard J. Banta, Bernard W. Messer, Englewood, for respondent and cross-petitioner Big Horn Harvestore Systems, Inc.

The Law Firm of Michael S. Porter, Michael S. Porter, Wheat Ridge, Frances A. Benedetti, Wray, for respondent and cross-petitioner A.O. Smith Harvestore Products, Inc.

Justice KIRSHBAUM delivered the Opinion of the Court.

In Cooley v. Big Horn Harvestore Systems, Inc., 767 P.2d 740 (Colo.App.1988), the Colorado Court of Appeals affirmed in part and reversed in part a judgment entered on a jury verdict in favor of the petitioners and cross-respondents, plaintiffs at trial, and against respondents and cross-petitioners, defendants at trial. Having granted certiorari to consider the propriety...

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