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J. C. CARLILE CORPORATION v. FARMERS LIQUID FERTILIZER, INC.

Nos. 17768, 17771.

346 F.2d 91 (1965)

J. C. CARLILE CORPORATION and The Travelers Indemnity Company, Appellants, v. FARMERS LIQUID FERTILIZER, INC., Appellee. FARMERS LIQUID FERTILIZER, INC., Appellant, v. J. C. CARLILE CORPORATION and The Travelers Indemnity Company, Appellees.

United States Court of Appeals Eighth Circuit.

June 4, 1965.

Attorney(s) appearing for the Case

Edward Lester and Richard A. Williams, of Wright Lindsey, Jennings, Lester & Shults, Little Rock, Ark. made argument for J. C. Carlile Corp. and others and filed brief.

John D. Eldridge, Augusta, Ark., and Louis Tarlowski, Little Rock, Ark., made argument for Farmers Liquid Fertilizer and filed brief.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

This is an appeal and cross-appeal from a judgment in the United States District Court for the Eastern District of Arkansas awarding plaintiff-appellee, Farmers Liquid Fertilizer, Inc., $56,700.00 for breach of a construction contract. Under the terms of the contract, defendants-appellants, J. C. Carlile Corporation as contractor and The Travelers Indemnity Company as surety, had agreed to build Farmers a dry blend, commercial, fertilizer plant...

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