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REED v. AAACON AUTO TRANSPORT, INC.

Nos. 78-1924, 78-1959.

637 F.2d 1302 (1981)

Thomas K. REED, Jr. Plaintiff-Appellant, Cross-Appellee, v. AAACON AUTO TRANSPORT, INC., a New York corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 3, 1981.

Rehearing Denied April 30, 1981.

Attorney(s) appearing for the Case

Richard D. Yeomans, Albuquerque, N. M., for Thomas K. Reed, Jr.

Ralph J. Zola, New York City (Richard S. Birnbaum, New York City, of counsel, with him, on brief), for Aaacon Auto Transport, Inc.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

These appeals arise out of an action brought by Thomas K. Reed, Jr., against Aaacon Auto Transport, Inc., because Aaacon failed to deliver Reed's automobile pursuant to their written contract. Aaacon appeals from an order denying its motion for partial summary judgment by declaration of law, and from those portions of the final judgment awarding Reed actual, consequential, and punitive damages. Reed cross-appeals from that part of the final judgment...

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