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SANITARY SYSTEMS, INC. v. AMERICAN SURETY CO. OF NEW YORK

No. 17479.

331 F.2d 438 (1964)

SANITARY SYSTEMS, INC., a Corporation, Midland Engineering Company, a Corporation, Thomas E. Hudson and Kathlyn M. Hudson, Individuals, Appellants, v. AMERICAN SURETY COMPANY OF NEW YORK, a Corporation, City of Grandview, Missouri, a Municipal Corporation, and Commerce Trust Company, a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

May 8, 1964.

Attorney(s) appearing for the Case

Walter A. Raymond, Kansas City, Mo., made argument for the appellants and filed brief with Henry H. Fox, Jr., Kansas City, Mo., and Raymond, West & Cochrane, Kansas City, Mo.

Donald G. Stubbs, Kansas City, Mo., made argument for appellee American Surety Co. of New York and filed brief with Thomas D. Kelley, of McKenzie, Williams, Merrick, Beamer & Stubbs, Kansas City, Mo.

Roger W. Penner, Kansas City, Mo., made argument for the appellee City of Grandview, Mo., and James C. Morris, of Morris, Lay & Tarver, Kansas City, Mo., Meyer, Smith, Shute & Penner, Kansas City, Mo., were with him on the brief.

Paul R. Shy and T. Alan Peschka, Kansas City, Mo., entered appearance as counsel for appellee Commerce Trust Co. but filed no brief nor made argument.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

MATTHES, Circuit Judge.

Broadly stated, this diversity litigation stems from a controversy in connection with the construction of a sewer system for the City of Grandview, Missouri (City).

On April 18, 1962, City entered into a written contract with Sanitary Systems, Inc. (Sanitary) for construction of a certain sewer system. Midland Engineering Company (Midland) was Sanitary's subcontractor for the entire project...

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