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WM. A. SMITH CONTRACTING CO. v. CURTIS

No. 15828.

259 F.2d 1 (1958)

WM. A. SMITH CONTRACTING CO., Inc., a corporation, and Wm. A. Smith Contracting Company of California, a corporation, doing business as a joint venture under the name of Lookout Point Constructors, Appellants, v. Marland CURTIS, Lyman Curtis, Glen C. Curtis and Rachel Curtis, a copartnership, doing business as Curtis Gravel Company, Appellees.

United States Court of Appeals Ninth Circuit.

September 8, 1958.

Attorney(s) appearing for the Case

Keane & Haessler, Gordon H. Keane, Eric R. Haessler, Virginia M. Riley, Portland, Or., for appellant.

Ramacciotti & Ratcliffe, Albert L. Ramacciotti, Robert E. Ratcliffe, Portland, Or., for appellees.

Before DENMAN, BARNES and HAMLIN, Circuit Judges.

DENMAN, Circuit Judge.

Lookout Point Constructors, two corporations, one of Missouri and the other of California (hereafter Constructors), appeal from a judgment for damages for breach of a contract to purchase ballast material for a railway track of some sixteen miles being constructed in Oregon by Constructors. The judgment was entered by the United States District Court of Oregon in a diversity action brought by Curtis Gravel Company, a partnership of Washington...

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