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APACHE POWDER COMPANY v. ASHTON COMPANY

No. 16052.

264 F.2d 417 (1959)

APACHE POWDER COMPANY, a corporation, Appellant, v. ASHTON COMPANY, Inc., Contractors and Engineers, formerly Ashton Building Company, and Mardian Construction Company, corporations engaged in Joint Venture as Ashton-Mardian Company, and Travelers Indemnity Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

February 24, 1959.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, Alfred B. Carr, Phoenix, Ariz., for appellant.

Hall, Catlin & Jones, Hamilton R. Catlin, Conner & Jones, A. O. Johnson, Tucson, Ariz., for appellees.

Before POPE, Chief Judge, and HAMLEY and HAMLIN, Circuit Judges.

HAMLIN, Circuit Judge.

This action was instituted in the District Court of Arizona by the United States, for the use of Apache Powder Company, a corporation, against the Ashton Company, Inc., and Mardian Construction Company, corporations, engaged in a Joint Venture as Ashton-Mardian Company, the Travelers Indemnity Company, a corporation, Pioneer Constructors, a corporation, and Construction Materials Company, a corporation. A judgment was rendered by the District...

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