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CARGILL INC. v. MOUNTAIN CEMENT CO.

Nos. 94-53, 94-72, 94-79.

891 P.2d 57 (1995)

CARGILL, INCORPORATED, Appellant (Defendant), v. MOUNTAIN CEMENT COMPANY, Appellee (Plaintiff), and Salt Creek Welding, Appellee (Third-Party Plaintiff). SALT CREEK WELDING, a sole proprietorship, Appellant (Third-Party Plaintiff), v. CARGILL, INCORPORATED, Appellee (Third-Party Defendant). MOUNTAIN CEMENT COMPANY, Appellant (Plaintiff), v. SALT CREEK WELDING; and Cargill Incorporated, Appellees (Defendants).

Supreme Court of Wyoming.

March 3, 1995.

Attorney(s) appearing for the Case

Alan B. Minier, Brent R. Cohen, and Justin D. Cumming of Rothgerber, Appel, Powers & Johnson, Cheyenne, for Cargill, Inc.

David R. Nicholas, Philip A. Nicholas, Stephen N. Goodrich, and Jeff Anthony of Nicholas Law Office, Laramie, for Mountain Cement Co.

James Richard McCarty and Keith P. Tyler, Casper, for Salt Creek Welding.

Before GOLDEN, C.J., and THOMAS, MACY, and TAYLOR, JJ., and KAUTZ, D.J.

TAYLOR, Justice.

In these consolidated appeals, we are asked to address theories of express and implied warranties arising out a jury verdict in favor of Mountain Cement Company and Salt Creek Welding and against Cargill Incorporated. The district court reduced the jury verdict by the amount Mountain Cement Company and Salt Creek Welding recovered from other defendants who settled prior to trial. These appeals require us to apply Wyoming's Uniform Commercial Code...

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