DICON, INC. v. MARBEN CORP.

No. 79-1334.

618 F.2d 40 (1980)

DICON, INC., a corporation, Appellant, v. MARBEN CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1980.

Rehearing Denied April 25, 1980.


Attorney(s) appearing for the Case

Emmett R. Cox (on brief), Nettles, Cox & Barker, Mobile, Ala., and Glenn A. Altman (on brief), Sterling & Altman, Fairview Heights, Ill., for appellant; and Robert H. Allen, Mobile, Ala., on brief.

Forest M. Norville (on brief), Bruce & Southern, Memphis, Tenn., for appellee.

Before GIBSON, Chief Judge, and ROSS and STEPHENSON, Circuit Judges.


FLOYD R. GIBSON, Senior Circuit Judge.

Dicon, Inc., a general contractor, brought this diversity suit1 to recover the balance due it under a contract for the construction of a fifty-unit housing project in Charleston, Missouri. The District Court2 determined that the developer, Marben Corporation, owed Dicon $9,999.75. Dicon appeals, claiming that the District Court erroneously allowed certain set-offs and...

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