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BUSHMAN CONSTRUCTION COMPANY v. CONNER

Nos. 7858, 7859.

351 F.2d 681 (1965)

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 Company, an Arizona corporation, Appellees. R.P.R. CONSTRUCTION COMPANY, an Arizona corporation, Cross-Appellant, v. BUSHMAN CONSTRUCTION COMPANY, a Missouri Corporation, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 24, 1965.

Attorney(s) appearing for the Case

Laurence W. DeMuth, Jr., of Akolt, Shepherd & Dick, Denver, Colo., and Richard U. Simon, of Simon & Simon, Fort Worth, Tex. (Stuart S. Gunckel, of Akolt, Shepherd & Dick, Denver, Colo., on the brief), for Bushman Construction Co., appellant and cross-appellee.

C. Blake Hiester and Bill Earl Tom, of Hiester, Tanner & Clanahan, Denver, Colo., for R.P.R. Construction Co., appellee and cross-appellant.

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.

PICKETT, Circuit Judge.

Bushman Construction Company brought this action against W. S. Conner and R.P.R. Construction Company,1 to recover money alleged to be due in connection with the performance of a subcontract on a military housing project at the United States Air Force Academy near Colorado Springs, Colorado. On a former appeal we reversed a summary judgment in favor of R.P.R. and remanded the case for trial. Bushman Construction...

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