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ROOSEVELT MATERIALS COMPANY v. NOLAN BROTHERS, INC.

No. 5969.

264 F.2d 807 (1959)

ROOSEVELT MATERIALS COMPANY, a Corporation, Appellant, v. NOLAN BROTHERS, INC., a Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 23, 1959.

Attorney(s) appearing for the Case

C. J. Watts, of Looney, Watts, Looney & Nichols, Oklahoma City, Okl. (Anna B. Otter, Oklahoma City, Okl., on the brief), for appellant.

Richard W. Fowler, of Cochran, Dudley, Fowler, Rucks, Baker & Jopling, Oklahoma City, Okl., for appellee.

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

PICKETT, Circuit Judge.

Roosevelt Materials Company, an Oklahoma corporation, brought this action against Nolan Brothers, Inc., a Minnesota corporation, to recover damages for an alleged breach of contract. The case was tried to the court without a jury, and judgment was entered for defendant.

The defendant Nolan was a prime contractor with the United States for the construction of certain facilities at Clinton Sherman Air Force Base at Clinton, Oklahoma....

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