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L. E. WHITHAM CONST. CO. v. REMER

No. 1821.

105 F.2d 371 (1939)

L. E. WHITHAM CONST. CO. v. REMER.

Circuit Court of Appeals, Tenth Circuit.

June 15, 1939.

Attorney(s) appearing for the Case

Robert D. Hudson and W. E. Hudson, both of Tulsa, Okl., for appellant.

John W. Tyree and S. R. Harper, both of Lawton, Okl., for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action for damages brought by Sam Remer,1 administrator of the estate of Sam (Buddy) Remer, deceased,2 against the L. E. Whitham Construction Company. The case was before this court on a former appeal. See Whitham Construction Company v. Remer, 10 Cir., 93 F.2d 736.

The original complaint contained one cause of action for the alleged...

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