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SIMPSON TIMBER COMPANY v. PALMBERG CONSTRUCTION CO.

No. 20219.

377 F.2d 380 (1967)

SIMPSON TIMBER COMPANY, a corporation, Appellant, v. PALMBERG CONSTRUCTION CO., a corporation, Appellee. PALMBERG CONSTRUCTION CO., a corporation, Appellant, v. SIMPSON TIMBER COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 18, 1967.

Attorney(s) appearing for the Case

Ryan, Askren, Carlson, Bush & Swanson, D. E. Kremer, Seattle, Wash., for appellant.

James O'Hern, Blair, Thomas, O'Hern & Daheim, Tacoma, Wash., for appellee.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

This diversity action was brought by Palmberg Construction Co., a dredging contractor, to recover additional compensation for work done by Palmberg at the Shelton, Washington plant of the Simpson Timber Company. The work consisted of filling a portion of Simpson's waterfront property with materials to be dredged by Palmberg from the adjacent harbor area. The dispute arose because Palmberg asserted that the conditions encountered in performance...

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