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KOHLER, STOVER & IVEY v. CITY OF TULSA

No. 4788.

214 F.2d 946 (1954)

KOHLER, STOVER & IVEY v. CITY OF TULSA et al.

United States Court of Appeals, Ninth Circuit.

July 19, 1954.

Attorney(s) appearing for the Case

Ralph Elliott, Sherman, Tex. (Joe A. Moore, Odessa, Tex., J. S. Freels, Sherman, Tex., Everett S. Collins & Joe A. Moore, Sapulpa, Okl., and Freels, Elliott & Nall, Sherman, Tex., on the brief), for appellant.

R. L. Davidson, Jr. and H. M. Crowe, Jr., Tulsa, Okl., for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

Kohler, Stover and Ivey, a partnership,1 brought this action against the City of Tulsa, Oklahoma,2 and certain officials of the City, seeking by a declaratory judgment, an interpretation of a "lump sum" construction contract entered into by the City and the Contractor. From an adverse judgment the Contractor has appealed.

The primary question presented is whether, under the contract...

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