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SOUTHERN FIREPROOFING CO. v. R. F. BALL CONSTRUCTION CO.

No. 17388.

334 F.2d 122 (1964)

SOUTHERN FIREPROOFING COMPANY, Appellant, v. R. F. BALL CONSTRUCTION COMPANY, Inc., Southwest Ball Construction Company and National Surety Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

July 7, 1964.

Attorney(s) appearing for the Case

Paul W. Steer of Steer, Strauss & Adair, Cincinnati, Ohio, Wayne C. Collins, of Shuttleworth & Ingersoll, Cedar Rapids, Iowa, for appellant.

Richard U. Simon, of Simon & Simon, Fort Worth, Tex., and J. J. Locher, Jr., of Barnes, Wadsworth, Elderkin, Locher & Pirnie, Cedar Rapids, Iowa, for appellee.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.

BLACKMUN, Circuit Judge.

This diversity controversy is one between a construction project's masonry subcontractor and the general contractor. The latter prevailed in the trial court. The subcontractor appeals.

In September 1955 R. F. Ball Construction Company, Inc. and Southwest Ball Construction Company, joint adventurer corporations which we collectively refer to herein as "Ball", were awarded the contract for the construction of two high school plant-complexes...

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