EASTMOUNT CONST. CO. v. TRANSPORT MFG. & EQUIP. CO.

No. 16608.

301 F.2d 34 (1962)

EASTMOUNT CONSTRUCTION COMPANY and American Surety Company, Appellants, v. TRANSPORT MANUFACTURING & EQUIPMENT COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 7, 1962.


Attorney(s) appearing for the Case

Clifford B. Kimberly, Kansas City, Mo., made oral argument for appellants and was on the brief.

Rodger J. Walsh, Kansas City, Mo., made oral argument for appellee, and Davis, Thomson, Van Dyke, Fairchild & Walsh, were with him on the brief, same address.

Before VOGEL and BLACKMUN, Circuit Judges, and BECK, District Judge.


BECK, District Judge.

This is a diversity suit with all of the jurisdictional requirements satisfied. The trial court awarded judgment for the full amount claimed by the Transport Manufacturing & Equipment Company in its complaint, with interest from the date of the acceptance of the work under the sub-contract and costs. The trial was to the court without a jury. This appeal is from that judgment.

Briefly summarized for purposes of presenting the nature...

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