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KOSMOS PORTLAND CEMENT CO. v. D. A. Y. CONST. CO.

No. 6758.

101 F.2d 893 (1939)

KOSMOS PORTLAND CEMENT CO., Inc., v. D. A. Y. CONST. CO. et al.

Circuit Court of Appeals, Seventh Circuit.

February 4, 1939.

Attorney(s) appearing for the Case

Hubert T. Willis and Crawford, Middleton, Milner & Seelbach, all of Louisville, Ky., and Walter Myers and Walter Myers, Jr., both of Indianapolis, Ind., for appellant.

Omer Stokes Jackson, Joseph W. Hutchinson, Caleb J. Lindsey, and Urban C. Stover, all of Indianapolis, Ind., for appellee State Highway Commission.

Floyd R. Mannon and Alan W. Boyd, both of Indianapolis, Ind., for appellee Western Casualty & Surety Co.

Before SPARKS, TREANOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Appellant appeals from a decree dismissing its bill for want of equity brought to set aside the acceptance of work done under a construction contract for the State Highway Commission of Indiana by D. A. Y. Construction Company. The case was tried by the court who made special findings of fact and pronounced its conclusions of law thereon in favor of appellees. The only error assigned is that the court erred in its conclusions on the facts found...

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