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J. F. WHITE ENGINEERING CORP. v. GENERAL INS. CO. OF AMERICA

Nos. 7743, 7744.

351 F.2d 231 (1965)

J. F. WHITE ENGINEERING CORPORATION, Joseph F. White, Sr., Orcelia K. White, and Joseph F. White, Jr., Appellants, v. GENERAL INSURANCE COMPANY OF AMERICA, Appellee. GENERAL INSURANCE COMPANY OF AMERICA, Cross-Appellant, v. J. F. WHITE ENGINEERING CORPORATION, Joseph F. White, Sr., Orcelia K. White, and Joseph F. White, Jr., Cross-Appellees.

United States Court of Appeals Tenth Circuit.

September 10, 1965.

Attorney(s) appearing for the Case

William R. Young, Denver, Colo., for appellants and cross-appellees.

John R. Hickisch, Denver Colo. (H. Gayle Weller and W. Robert Ward, Denver, Colo., on brief), for appellee and cross-appellant.

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

MURRAH, Chief Judge.

This diversity action was brought by the appellee-bonding company to recover its losses as surety on performance bonds written for the appellant-White Corporation on two construction contracts, one with the Kennecott Copper Corporation and the other with the Air Force Department. The appeal is from judgment on jury verdicts for the appellee on four of the six claims of the complaint. The other two claims were not submitted to the jury and are...

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