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MILLER v. ROWTECH, LLC

No. 99CA0313.

3 P.3d 492 (2000)

Wendy MILLER, Personal Representative of the Estate of John Miller, deceased, Plaintiff-Appellee and Cross-Appellant, v. ROWTECH, LLC, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. I.

April 27, 2000.

Attorney(s) appearing for the Case

Kenneth S. Copple & Associates, P.C., Kenneth S. Copple, Fort Collins, Colorado; Montgomery, Kolodny, Amatuzio, Dusbabek & Parker, L.L.P., Peter S. Dusbabek, Steven G. Greenlee, Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant.

King, Peterson, Dymond, LLP, Richard G. Peterson, Michael W. Reagor, Englewood, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge NIETO.

Defendant, Rowtech, LLC (Rowtech), appeals the judgment entered on a jury verdict in favor of Miller, arising from a breach of contract claim. Miller cross-appeals the court's preclusion of evidence relating to alleged damages resulting from his inability to fulfill a contract for sale of his crop (contract cover claim). We affirm.

While this appeal was pending, plaintiff, John Miller, died. Wendy Miller, Personal Representative of...

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