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ALL AROUND TRANSPORT v. CONTINENTAL INS.

No. 95CA0919.

931 P.2d 552 (1996)

ALL AROUND TRANSPORT, INC. and Sanderson Farms, Inc., Plaintiffs-Appellees and Cross-Appellants, v. CONTINENTAL WESTERN INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. I.

December 12, 1996.

Attorney(s) appearing for the Case

Crites and Farish, Partnership, Robert S. Crites, Jr., Monte Vista, for Plaintiffs-Appellees and Cross-Appellants.

Gordon H. Rowe, III, Albuquerque, New Mexico; Gordon H. Rowe, Jr., Monte Vista, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge CRISWELL.

In this dispute over a lost truckload of potatoes, defendant, Continental Western Insurance Company (Continental), appeals, and plaintiffs, All Around Transportation, Inc., (broker) and Sanderson Farms, Inc. (shipper), cross-appeal from a judgment in favor of the shipper, but which dismissed the broker's claim. We affirm in part and reverse in part.

The facts here are undisputed. The broker...

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