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BLAIR v. UNITED STATES

Nos. 12871, 12875.

150 F.2d 676 (1945)

BLAIR et al. v. UNITED STATES for Use and Benefit of GREGORY-HOGAN et al. UNITED STATES for Use and Benefit of GREGORY-HOGAN et al. v. BLAIR et al.

Circuit Court of Appeals, Eighth Circuit.

July 24, 1945.

Attorney(s) appearing for the Case

J. W. Barron, of Little Rock, Ark. (Ernest P. Rogers, of Atlanta, Ga., on the brief), for appellants and cross-appellees.

Henry Donham, of Little Rock, Ark. (Martin K. Fulk and Pat Mehaffy, both of Little Rock, Ark., on the brief), for appellees and cross-appellants.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

On the first hearing of this case we approved the finding by the trial court of a breach by defendant Blair of his asphalt contract with the plaintiff Gregory-Hogan alleged in paragraph 11 of the complaint. A judgment for damages in favor of Gregory-Hogan resulting from this breach of contract was affirmed after reduction in the amount allowed by the trial court. We reversed the judgment of the lower court in favor of Gregory-Hogan on its claim...

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