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STEENBERG CONSTRUCTION CO. v. PREPAKT CONCRETE CO.

No. 9009.

381 F.2d 768 (1967)

STEENBERG CONSTRUCTION COMPANY, a corporation, and the Travelers Indemnity Company of Hartford, Connecticut, a corporation, Appellants, v. The PREPAKT CONCRETE COMPANY, a corporation, Insurance Company of North America, a corporation, and the U. S. A. for the Use and Benefit of the Prepakt Concrete Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 6, 1967.

Attorney(s) appearing for the Case

Ray G. Martineau and C. Keith Rooker, Salt Lake City, Utah (Clifford L. Ashton, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, with them on brief), for appellant.

Bryce E. Roe, Salt Lake City, Utah (Stuart G. Oles, of Jones, Roe, Jerman & Dart, Salt Lake City, Utah, Allen, DeGarmo & Leedy, Seattle, Wash., with him on brief), for appellees.

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

MURRAH, Chief Judge.

This suit is between a government prime contractor on a Utah dam project and a subcontractor for the drilling and grouting work on the dam foundation. The claim is for breach of the subcontract. The defense is that the standard subcontract which the parties signed, never became operative, but if so, the subcontractor excusably abandoned it for failure of the contractor to do work prerequisite to the orderly...

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