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J. W. BATESON COMPANY v. ROMANO

No. 13687.

266 F.2d 360 (1959)

J. W. BATESON COMPANY, Inc., et al., Appellants, v. C. B. ROMANO et al., Appellees.

United States Court of Appeals Sixth Circuit.

April 20, 1959.

Attorney(s) appearing for the Case

Jere T. Tipton, Chattanooga, Tenn., Miller, Martin, Hitching & Tipton, Chattanooga, Tenn., on the brief, for appellants.

Clarenc Kolwyck, Chattanooga, Tenn., for C. B. Romano and others.

Dawson Hall of Whitaker, Hall & Haynes, Chattanooga, Tenn., for U. S. Fidelity & Guaranty Co.

W. A. Wilkerson, Chattanooga, Tenn., for Chattanooga Housing Authority.

Before MARTIN, Chief Judge, MILLER, Circuit Judge, and MATHES, District Judge.

PER CURIAM.

The general contractor and its sureties appeal from a judgment against them awarding recovery of $29,452.80 on the complaint of two subcontracting partners and their surety for claimed extras, and dismissing on the merits the third-party complaint over of the general contractor against the owner for such amount as might be awarded on the subcontractors' complaint.

The evidence adduced at the trial established...

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