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W. L. HAILEY & COMPANY v. COUNTY OF NIAGARA

Nos. 114, 27, Dockets 31234, 31235.

388 F.2d 746 (1967)

W. L. HAILEY & COMPANY, Plaintiff-Appellant, v. COUNTY OF NIAGARA and Niagara County Water District, Defendants-Appellees, and L. A. Wells Construction Company, Intervenor-Appellee. COUNTY OF NIAGARA and Niagara County Water District, Plaintiffs-Appellants, v. W. L. HAILEY & COMPANY, a Tennessee Corporation, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 27, 1967.

Attorney(s) appearing for the Case

W. Raymond Denney, Nashville, Tenn., and Paul Z. Lewis, New York City (Denney, Lackey, Chernau & Castleman, Nashville, Tenn., and Jarvis & Pilz, Paul Z. Lewis, New York City, on the brief), for W. L. Hailey & Company.

Anthony L. Pusateri, Lockport, N. Y. (Fogle, Andrews & Pusateri, Lockport, N. Y., on the brief), for County of Niagara and Niagara County Water District.

James O. Moore, Jr., Buffalo, N. Y. (Raichle, Moore, Banning & Weiss, Buffalo, N. Y., on the brief), for L. A. Wells Construction Co.

Before LUMBARD, Chief Judge and KAUFMAN and FEINBERG, Circuit Judges.

LUMBARD, Chief Judge:

This is a consolidated appeal from judgments of the District Court for the Western District of New York in two diversity suits which were tried jointly, without a jury, before Judge Henderson. The actions arose out of a project initiated by the County of Niagara and the Niagara County Water District to draw water from the Niagara River. W. L. Hailey & Company, a Tennessee corporation, was the prime contractor on the project. L. A. Wells Construction...

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