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WHITING v. FARNSWORTH & CHAMBERS CO.

No. 6646.

293 F.2d 45 (1961)

John Joseph WHITING and American Surety Company of New York, Appellants, v. FARNSWORTH & CHAMBERS CO., Inc., Appellee.

United States Court of Appeals Tenth Circuit.

June 23, 1961.

Attorney(s) appearing for the Case

John C. Mott, Denver, Colo. (Albert E. Zarlengo, Denver, Colo., on the brief), for appellants.

No appearance for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

This is an appeal from an order dismissing an action brought by Whiting and the American Surety Company of New York1 against Farnsworth & Chambers Co., Inc.2 The facts alleged in the amended complaint and in an affidavit attached to the motion to dismiss are these:

Farnsworth entered into a prime contract with the United States to perform certain construction work at the United States...

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