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J. T. MAJORS & SON, INC. v. LIPPERT BROS., INC.

Nos. 5957, 5958.

263 F.2d 650 (1958)

J. T. MAJORS & SON, INC., Appellant, v. LIPPERT BROS., INC., Appellee. LIPPERT BROS., INC., Cross-Appellant, v. J. T. MAJORS & SON, INC., Cross-Appellee.

United States Court of Appeals Tenth Circuit.

December 30, 1958.

Attorney(s) appearing for the Case

Leonard O. Thomas, Kansas City, Kan., and Maurice P. O'Keefe, Atchison, Kan. (Stanley, Schroeder, Weeks, Thomas & Lysaught, Kansas City, Kan., and O'Keefe, Root, McKelvy & O'Keefe, Atchison, Kan., on the brief), for appellant and cross-appellee.

Leon Shipp, Oklahoma City, Okl. (Robert S. Johnson, Topeka, Kan., on the brief), for appellee and cross-appellant.

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

BREITENSTEIN, Circuit Judge.

Appellee-defendant, Lippert Bros., Inc.,1 had the prime contract for the construction of an abbey at Atchison, Kansas, and made a subcontract with appellant-plaintiff, J. T. Majors & Sons, Inc.,2 for the masonry work. Majors completed performance and brought suit alleging nonpayment for certain work done. Jurisdiction is based on diversity of citizenship.

The first claim...

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