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HERLING v. WYOMING MACHINERY CO.

No. S-12-0227.

304 P.3d 951 (2013)

2013 WY 82

JERRY HERLING, Appellant (Defendant), v. WYOMING MACHINERY CO., a Wyoming corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 10, 2013.

Attorney(s) appearing for the Case

Representing Appellant: Carissa D. Mobley and Cameron S. Walker of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming. Argument by Ms. Mobley.

Representing Appellee: Timothy M. Stubson of Crowley Fleck, PLLP, Casper, Wyoming.

Before KITE, C.J., and HILL, VOIGT, BURKE, and DAVIS, JJ.

DAVIS, Justice.

[¶ 1] This case involves a complicated series of events that have so far led to litigation in as many as three Wyoming district courts, a jury trial in the United States District Court for the District of Wyoming, a bankruptcy proceeding in California, and this appeal. Jerry Herling Construction, Inc. ("JHCI") contracted with Wyoming Machinery for rental and service of earthmoving equipment, but defaulted on the payments due under the agreement...

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