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GRAND RIVER DAM AUTHORITY v. NATIONAL GYPSUM COMPANY

No. 8063.

352 F.2d 130 (1965)

GRAND RIVER DAM AUTHORITY, a body corporate, Appellant, v. NATIONAL GYPSUM COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 16, 1965.

Attorney(s) appearing for the Case

James R. Ryan, Tulsa, Okl. (Q. B. Boydstun, Vinita, Okl., Horace D. Ballaine, Hess Crossland, and Conner, Winters, Randolph & Ballaine, Tulsa, Okl., were with him on the brief), for appellant.

Remington Rogers, Tulsa, Okl. (Rogers, Donovan & Rogers, Tulsa, Okl., were with him on the brief), for appellee.

Before PHILLIPS, LEWIS and BREITENSTEIN, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

National Gypsum Company1 brought this action against Grand River Dam Authority2 to recover excess charges alleged to have been paid under duress by National to the Authority for water and steam furnished National by the Authority under the written contract referred to hereinafter. Both parties moved for a summary judgment. From a summary...

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