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SARTORIS v. UTAH CONST. CO.

No. 5064.

21 F.2d 1 (1927)

SARTORIS v. UTAH CONST. CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied and Opinion Modified October 10, 1927.

Attorney(s) appearing for the Case

Horace M. Street, of San Francisco, Cal., for plaintiff in error.

B. M. Aikins, of San Francisco, Cal., for defendant in error Utah Const. Co.

Ford, Johnson & Bourquin, of San Francisco, Cal., for defendant in error Southern Pac. Co.

Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

Having a contract with the defendant railroad company for the construction of a tunnel, the defendant construction company subcontracted the job to the plaintiff, A. J. Sartoris. The subcontract is dated November 15, 1922, and incorporates, as defining Sartoris' rights and obligations, the principal contract; the only difference between the two being a lower rate of compensation to the subcontractor, leaving a margin of profit to the Construction...

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