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ZIERKE v. AGRI-SYSTEMS

Nos. 91-8057, 91-8058.

992 F.2d 276 (1993)

John ZIERKE and Debbie Zierke, Plaintiffs-Appellees, v. AGRI-SYSTEMS, a Montana corporation, Defendant-Appellant. John ZIERKE and Debbie Zierke, Plaintiffs-Appellants, v. BUSCH AGRICULTURAL RESOURCES, INC., a Delaware corporation; Agri-Systems, a Montana corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 1993.

Attorney(s) appearing for the Case

Robert N. Williams (Daniel M. Hesse with him on the briefs), of Meyers and Williams, Jackson, WY, for plaintiffs John Zierke and Debbie Zierke.

Margaret Sommers of McCarty, Cranfill and Sommers, Cody (Timothy J. Bommer, Jackson, WY, with her on the briefs), for defendant Agri-Systems.

Before LOGAN and SEYMOUR, Circuit Judges, and BROWN, District Judge.

LOGAN, Circuit Judge.

Plaintiffs John and Debbie Zierke, Wyoming citizens, and defendant Agri-Systems, a Montana corporation, each appeal from an amended judgment entered by the district court following a jury trial. Plaintiffs challenge the adequacy of jury instructions concerning the burden of proof required to establish anticipated future losses. Defendant cross-appeals, alleging that the district court erroneously overruled its earlier judgment denying plaintiffs...

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