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BUSHMAN CONSTRUCTION COMPANY v. CONNER

No. 6931.

307 F.2d 888 (1962)

BUSHMAN CONSTRUCTION COMPANY, a Missouri corporation, Appellant, v. W. S. CONNER, an individual doing business as W. S. Conner Construction Company; and R. P. R. Construction Co., an Arizona corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 27, 1962.

Attorney(s) appearing for the Case

Laurence W. DeMuth, Jr., of Akolt, Turnquist, Shepherd & Dick, Denver, Colo., and Richard U. Simon, of Simon & Simon, Fort Worth, Tex., for appellant.

C. Blake Hiester and Bill Earl Tom, of Hiester, Tannor & Clanahan, Denver, Colo., for appellees R. P. R. Construction Company.

Before PHILLIPS, PICKETT and and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

This action by Bushman Construction Company arose out of the failure of the defendant R. P. R. Construction Company, a subcontractor on a military housing project at the United States Air Force Academy, Colorado Springs, Colorado, to deliver, pursuant to a written direction of proceeds, money due to one of its subcontractors. Bushman appeals from a summary judgment in favor of R. P. R.

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