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S. D. HICKS & SON COMPANY v. J. T. BAKER CHEMICAL CO.

No. 383, Docket 27416.

307 F.2d 750 (1962)

S. D. HICKS & SON COMPANY, Plaintiff-Appellee, v. J. T. BAKER CHEMICAL CO., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 12, 1962.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City (Samuel Mezansky and Herman Mendes, New York City, on the brief), for plaintiff-appellee.

Edward J. Behrens of Gay & Behrens, New York City, for defendant-appellant.

Before FRIENDLY, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge.

Defendant appeals from the decision of the court below which awarded plaintiff judgment for over $54,000, of which over $24,000 represents interest, in its action for unpaid compensation for the construction of a chemical processing plant pursuant to a contract between the parties, and which dismissed Baker's counterclaim for damages attributable to delays in performance. The diverse citizenship of the...

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