UNION PAVING COMPANY v. DOWNER CORPORATION

No. 16465.

276 F.2d 468 (1960)

UNION PAVING COMPANY, Appellant, v. DOWNER CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

March 14, 1960.


Attorney(s) appearing for the Case

Everett S. Layman, Kenneth S. Carey, San Francisco, Cal., for appellant.

Forrest E. Macomber, Gordon J. Aulik, Stockton, Cal., Arthur J. Lempert, San Francisco, Cal., for appellee.

Before HEALY, CHAMBERS, and HAMLIN, Circuit Judges.


HEALY, Circuit Judge.

This is an appeal from an order of the district court finalized pursuant to Federal Rule of Civil Procedure 54(b), 28 U.S.C.A., dismissing appellant's sixth counterclaim against appellee. Appellee's motion to augment the record on appeal is granted.

The facts in the case are these: Appellee and appellant joined together in a joint venture for the purpose of constructing a sanitary sewage system in a subdivision of Bakersfield, California...

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