MERRITT, CHAPMAN & SCOTT CORP. v. GUY F. ATKINSON CO.

No. 17056.

295 F.2d 14 (1961)

MERRITT, CHAPMAN & SCOTT CORPORATION, a Corporation, and The Savin Construction Corporation, a Corporation, Appellants, v. GUY F. ATKINSON COMPANY, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

September 22, 1961.


Attorney(s) appearing for the Case

Bronson, Bronson & McKinnon by Harold R. McKinnon, San Francisco, Cal., for appellants.

Johnson & Stanton and Gardiner Johnson, Thomas E. Stanton, Jr., and Marshall A. Staunton, San Francisco, Cal., for appellee.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.


BARNES, Circuit Judge.

This is a diversity case wherein the district court had jurisdiction pursuant to 28 U.S.C. § 1332, and this court has jurisdiction on appeal under 28 U.S.C. § 1291.

Appellants contracted to build the Folsom Dam, located on the American River fifteen miles east of Sacramento, California. This required the construction of a temporary or cofferdam above and one below the permanent dam site. A diversion tunnel from the upper cofferdam...

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