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WILBOURN v. MOSTEK CORP.

Civ. A. No. 81-K-814.

537 F.Supp. 302 (1982)

Edgar S. WILBOURN, Jr., Edgar S. Wilbourn, III, Howard J. DeMera, Mark D. Cameron, Charles W. Stevens, Ping Kay Lin, and Sylvester Bryan, Plaintiffs, v. MOSTEK CORPORATION, Gifford Touchstone, and Ronald M. Hanson, Defendants.

United States District Court, D. Colorado.

April 5, 1982.

Attorney(s) appearing for the Case

John W. Sabo, III, Cole, Hecox, Tolley, Edwards & Keene, Colorado Springs, Colo., for plaintiffs.

Sydney Barton, Kutak, Rock & Huie, Denver, Colo., Frank A. Taylor, Kutak, Rock & Huie, Omaha, Neb., for Mostek.

Glen T. Kray, Douglas I. McQuiston, DeMoulin, Anderson, Campbell & Laugesen, Denver, Colo., Worsham, Forsythe & Sampels, Dallas, Tex., for Hanson.

Ronald W. Johnson, Touchstone, Bernays, Johnston, Beall & Smith, Dallas, Tex., for Touchstone.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

In this diversity case the plaintiffs allege that the defendants defrauded them. In particular, the plaintiffs allege that they had a real estate contract with defendant Mostek, which required as one of the requirements of closing, Mostek to furnish the plaintiffs with a promissory note for the unpaid balance, at either 10 or 20 percent interest. The plaintiffs allege that Mostek furnished a promissory note...

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