DEEPWATER INVESTMENTS v. JACKSON HOLE SKI CORP.

No. 90-8051.

938 F.2d 1105 (1991)

DEEPWATER INVESTMENTS, LIMITED, Plaintiff-Appellee, v. JACKSON HOLE SKI CORPORATION and Paul M. McCollister, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 10, 1991.


Attorney(s) appearing for the Case

Fredrick E. Sherman (Christopher P. Hall and Jonathan D. Schwartz of Jones, Day, Reavis & Pogue, New York City, Blair J. Trautwein and Michael Rosenthal of Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, Wyo., with him on the brief), for plaintiff-appellee.

Peter W. Sipkins (James R. Kahn and Carol A. Peterson of Dorsey & Whitney, Minneapolis, Minn., W. Perry Dray and Gregory C. Dyekman of Dray, Madison & Thompson, Cheyenne, Wyo., with him on the brief), for defendants-appellants.

Before McKAY, ALDISERT and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

This is a breach of contract action wherein, on motion for summary judgment, the district court held that there was an enforceable written contract between the parties and ordered specific performance. The principal question is whether there is a genuine issue of material fact as to the existence of an enforceable written contract between the parties. The jurisdiction of the district court was based on diversity of citizenship. 28 U.S.C...

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