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ALUMINUM CO. OF AMERICA v. HULLY

No. 14488.

200 F.2d 257 (1952)

ALUMINUM CO. OF AMERICA v. HULLY et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 15, 1952.

Attorney(s) appearing for the Case

Larned A. Waterman, Davenport, Iowa (Charles D. Waterman, Davenport, Iowa, Otto C. Bauch, Des Moines, Iowa, and Lane & Waterman, Davenport, Iowa, on the brief), for appellant.

Wendell B. Gibson, Des Moines, Iowa, (Walter L. Stewart, Neill Garrett, and Gibson, Stewart & Garrett, Des Moines, Iowa, on the brief), for appellee.

Before SANBORN, WOODROUGH and COLLET, Circuit Judges.

WOODROUGH, Circuit Judge.

This action was brought by the co-partnership here referred to as the asbestos contractor1 to recover the unpaid balance for work and materials furnished by it under a written contract in the construction of the Works of the defendant Aluminum Company of America, herein referred to as Alcoa, at Davenport, Iowa. The plaintiff had performed its contract insofar as it had agreed "to furnish all supervision, labor...

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