H. B. ZACHRY COMPANY v. O'BRIEN

No. 8867.

378 F.2d 423 (1967)

H. B. ZACHRY COMPANY, Appellant, v. Joe O'BRIEN and Fred Beachner, d/b/a Asphalt Construction Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 13, 1967.


Attorney(s) appearing for the Case

Herbert A. Marshall, Topeka, Kan., and Warren E. Slagle, Kansas City, Mo., for appellant.

A. Harry Crane and Arthur L. Claussen, Topeka, Kan. (Sterling S. Waggener, Topeka, Kan., with them on brief), for appellees.

Before PICKETT, BREITENSTEIN and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

Appellees, co-partners, d/b/a Asphalt Construction Company, residents of Kansas, filed an action in the Federal District Court in Kansas against appellant, a Delaware corporation, for breach of a construction subcontract executed in behalf of appellant by its employee who was superintendent of the project covered by appellant's prime contract.

Cross motions were filed by the parties praying for a summary judgment under Rule 56, F.R.Civ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases