LYON DEVELOPMENT v. BUSINESS MEN'S ASSUR. CO.

Nos. 94-2202, 95-2000 and 95-2096.

76 F.3d 1118 (1996)

LYON DEVELOPMENT COMPANY, a New Mexico corporation; Jeanne Lyon, doing business as Lyon and Associates Realty, Plaintiffs-Counter-Defendants-Appellants, v. BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA, a Missouri corporation, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 14, 1996.


Attorney(s) appearing for the Case

Joseph W. Halpern and Heather R. Hanneman of Holland & Hart, Denver, Colorado, and Randolph B. Felker and Mariana G. Geer of Felker, Ish, Hatcher, Ritchie, Sullivan & Geer, Santa Fe, New Mexico, for Lyon Development Co. and Jeanne Lyon d/b/a Lyon and Associates Realty.

Bruce Hall, Edward R. Ricco and David C. Davenport, Jr., of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, New Mexico, and James O. Browning of Browning & Peifer, Albuquerque, New Mexico, for Business Men's Assur. Co. of America.

Before BRISCOE and LOGAN, Circuit Judges, and THOMPSON, District Judge.


LOGAN, Circuit Judge.

Plaintiff Lyon Development Company (LDC) appeals from the district court's entry of a judgment in favor of Business Men's Assurance Company of America (BMA) on LDC's claims of breach of contract, breach of fiduciary duty, and economic compulsion, and on BMA's counterclaims against LDC. LDC also appeals the court's trial rulings regarding ambiguity in the guaranty agreement, parol evidence, and jury instructions, arguing that the jury's verdicts...

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