HULME v. SWEETMAN CONSTRUCTION COMPANY

No. 5192.

230 F.2d 66 (1956)

Charles HULME, Appellant, v. SWEETMAN CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

February 1, 1956.


Attorney(s) appearing for the Case

Richard Jones, Wichita, Kan. (R. C. Russell, Isabel Obee, Don C. Foss, Great Bend, Kan., A. W. Hershberger, J. B. Patterson and Wm. P. Thompson, Wichita, Kan., on the brief), for appellant.

Robert Martin, Wichita, Kan. (George B. Collins, Oliver H. Hughes, K. W. Pringle, Jr., and W. F. Schell, Wichita, Kan., on the brief), for appellee.

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


PHILLIPS, Chief Judge.

From the spring of 1951 until the fall of 1952, Hulme was engaged in carrying out a railroad construction contract near Chamberlain, South Dakota, which he had entered into with the Corps of Engineers, United States Army.1 During the same period, Sweetman Construction Company2 was engaged in carrying out a similar contract. In order to fulfil his contract, Hulme required a quantity of...

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