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COX v. CITY OF FREEMAN, MISSOURI

No. 17196.

321 F.2d 887 (1963)

Lester COX, Appellant, v. CITY OF FREEMAN, MISSOURI, and C. Kenneth Maib, Appellees.

United States Court of Appeals Eighth Circuit.

July 19, 1963.

Attorney(s) appearing for the Case

Rodger J. Walsh Linde, Thomson, Van Dyke, Fairchild & Langworthy, Kansas City, Mo., for appellant.

Charles V. Garnett, Kansas City, Mo., for appellees.

Don F. Whitcraft, Harrisonville, Mo., for appellee City of Freeman.

Charles V. Garnett and Dan Boyle, Kansas City, Mo., for appellee Maib.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and YOUNG, District Judge.

YOUNG, District Judge.

This is a diversity action brought by Cox, a citizen of Kansas, against the City of Freeman, Missouri, and Maib, a citizen of Missouri.

This action arises out of an agreement between the appellant, Lester Cox, and the City of Freeman, Missouri, under which Cox contracted to build the City a waterworks. This contract was let in four parts; an agreement to build Parts I, II, and IV of the waterworks was entered into on the 28th day of...

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