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KANSAS TURNPIKE AUTHORITY v. ABRAMSON

No. 6200.

275 F.2d 711 (1960)

KANSAS TURNPIKE AUTHORITY, Appellant, v. Edwin John ABRAMSON and Emmett Johns, Executors of the Estate of John P. Abramson, deceased, Appellees.

United States Court of Appeals Tenth Circuit.

February 29, 1960.

Attorney(s) appearing for the Case

Edward F. Arn, Wichita, Kan. (Dale Spiegel, Emporia, Kan., and Gale Moss, El Dorado, Kan., were with him on the brief), for appellant.

Samuel Mellinger, Emporia, Kan., for appellees.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and WALLACE, District Judge.

MURRAH, Chief Judge.

The appellee contractor for the grading and drainage of a segment of the Kansas Turnpike brought this diversity action against the Turnpike Authority to recover compensation for redoing work which it had already acceptably done, but which was required to be redone due to the fault of no one. The construction contract obligated the contractor to construct, according to specifications, a road bed suitable for the paved surface of the turnpike. This...

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