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HAPPY ELEVATOR NO. 2 v. OSAGE CONST. CO.

No. 4688.

209 F.2d 459 (1954)

HAPPY ELEVATOR NO. 2 v. OSAGE CONST. CO.

United States Court of Appeals Tenth Circuit.

January 6, 1954.

Attorney(s) appearing for the Case

E. Byron Singleton, Amarillo, Tex. (Loyd Benefield, Oklahoma City, Okl., on the brief), for appellant.

Roy C. Lytle, Oklahoma City, Okl. (E. William Brown, Oklahoma City, Okl., on the brief), for appellee.

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

PICKETT, Circuit Judge.

Happy Elevator No. 2, a co-partnership composed of D. D. Whitlow, J. O. Parker and Dale D. Whitlow, brought this action against Osage Construction Company,1 a co-partnership composed of V. B. Likins and Max D. Westbrook, to recover damages for an alleged breach of a construction contract. The trial court held that the issues in the instant case had been determined by judgment...

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