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LAMBERT LUMBER CO. v. JONES ENGINEERING & CONSTRUCTION CO.

No. 8875.

47 F.2d 74 (1931)

LAMBERT LUMBER CO. v. JONES ENGINEERING & CONSTRUCTION CO., Inc., et al.

Circuit Court of Appeals, Eighth Circuit.

February 2, 1931.

Attorney(s) appearing for the Case

Harris L. Moore, of Kansas City, Mo. (John W. Moore and W. C. Michaels, both of Kansas City, Mo., on the brief), for appellant.

David A. Murphy, of Kansas City, Mo. (John T. Harding and R. Carter Tucker, both of Kansas City, Mo., on the brief), for appellees.

Before KENYON and GARDNER, Circuit Judges, and MUNGER, District Judge.

KENYON, Circuit Judge.

Appellant furnished material to the Jones Engineering & Construction Company to be used in the performance of a contract for the construction of a government hospital at Excelsior Springs, Mo. It sought on March 15, 1926, to intervene in an action brought by another contractor under section 270, title 40, chapter 3, USCA, against the Jones Engineering & Construction Company and the sureties on its bond.

A jury was waived in writing...

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