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KAISER v. BOWLEN

Nos. 05-1050, 05-1079.

455 F.3d 1197 (2006)

Edgar F. KAISER, Jr., Plaintiff-Appellant/Cross-Appellee, v. Patrick D. BOWLEN, PDB Sports, Ltd., a Colorado limited partnership, Bowlen Sports, Inc., an Arizona corporation, doing business in Colorado; PDB Enterprises, Inc., a Colorado corporation, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

August 1, 2006.

Attorney(s) appearing for the Case

G. Stephen Long (John D. Phillips, William E. Quirk, and Bennett L. Cohen with him on the briefs), Shughart, Thomson & Kilroy, P.C., Denver, CO, for the Plaintiff-Appellant/Cross-Appellee.

Sean Connelly of Hoffman, Reilly, Pozner & Williamson, LLP, Denver, CO (Daniel M. Reilly and Wendy B. Fisher of Hoffman, Reilly, Pozner & Williamson, LLP, Denver, CO; Richard P. Slivka, Denver Broncos Football Club, Englewood, CO; with him on the briefs), for the Defendants-Appellees/Cross-Appellants.

Before LUCERO, BALDOCK, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

If sport be a metaphor for life, then surely the sale of a National Football League franchise must be like the game itself. Sophisticated businessmen, armed at the elbow with teams of experts, including transactional lawyers, advance their offensive and defensive strategies towards the goal of obtaining a contract, shaking hands, and sealing the deal. When the ink is dry, the game is over. If a dispute arises, our role, like that of a referee...

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