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FOREE v. TRI-COUNTY ELECTRIC ASSOCIATION

No. 5097.

227 F.2d 945 (1955)

J. R. FOREE, doing business as Foree Construction Company; and Western Casualty and Surety Company, Appellants, v. TRI-COUNTY ELECTRIC ASSOCIATION, Inc., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 25, 1955.

Attorney(s) appearing for the Case

A. G. McClintock, Cheyenne, Wyo. (Clyde C. Goebel, Kansas City, Mo., was with him on the brief), for appellants.

Carleton A. Lathrop, Cheyenne, Wyo. (Otis Reynolds, Sundance, Wyo., and Carl L. Lathrop, Cheyenne, Wyo., were with him on the brief), for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

Appellant, J. R. Foree, instituted this action to recover the balance due under his contract for the construction of an electrical transmission line for appellee, Tri-County Electric Association, Inc.; and to recover damages for lost profits resulting from the breach of a covenant to timely deliver poles for the construction of the transmission line. Western Casualty and Surety Company, as assignee of amounts due Foree from Tri-County, was joined...

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