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EL PASO NATURAL GAS v. WESTERN BLDG.

Nos. 77-1420, 77-1421.

599 F.2d 927 (1979)

EL PASO NATURAL GAS COMPANY, Plaintiff-Appellant-Cross-Appellee, v. WESTERN BUILDING ASSOCIATES, a partnership, R. L. Kysar, W. M. Gallaway, B. J. Baggett, and Perkins & Co., a New Mexico Corporation, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

May 30, 1979.

Attorney(s) appearing for the Case

John B. Pound, Santa Fe, N. M. (Gary R. Kilpatric and Montgomery, Andrews & Hannahs, Santa Fe, N. M., on the brief), for appellant-cross-appellee.

John R. Cooney, Albuquerque, N. M. (Mark B. Thompson, III, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., and James B. Cooney and Scott M. Curtis, of Cooney & Curtis, Farmington, N. M., on the brief), for Western Bldg. Associates, appellee-cross-appellant.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a suit for specific performance of an option to purchase agreement granted on certain property located in Farmington, New Mexico. The trial court decreed specific performance, but only as to a portion of the realty sought. Both parties now appeal.

In 1969, R. L. Kysar, W. M. Galloway and B. J. Baggett formed Western Building Associates, a partnership. The partnership was formed for the purpose of purchasing a building known...

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