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PROTECTORS INS. SERV., INC. v. U.S. FIDEL. & GUAR.

No. 96-1399.

132 F.3d 612 (1998)

PROTECTORS INSURANCE SERVICE, INC., a Colorado corporation, Plaintiff-Appellee, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a Maryland Corporation; Fidelity & Guaranty Insurance Underwriters, Inc., an Ohio corporation; and Fidelity & Guaranty Insurance Company, an Iowa corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 5, 1998.

Attorney(s) appearing for the Case

Bruce A. Menk, Hall & Evans, LLC, Denver, CO (Alan Epstein of the same firm, and Mark Holtschneider, USF & G, Baltimore, MD, with him on the briefs), for appellants.

Gerald P. McDermott, McDermott & Hansen, Denver, CO, for appellee.

Before BALDOCK and BRORBY, Circuit Judges, and BROWN, District Judge.

WESLEY E. BROWN, District Judge.

The defendants (hereinafter "USF & G") appeal a jury verdict in plaintiffs favor totaling $844,650.00. The jury found that USF & G breached a contract with plaintiff and that, as a result, plaintiff lost future profits in the amount of $809,650.00 and received $35,000.00 less than fair market value upon the sale of its business. On appeal, USF & G concedes liability for breaching...

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