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FULTON v. COPPCO, INC.

No. 10152.

407 F.2d 611 (1969)

R. H. FULTON and United States Fidelity and Guaranty Company, Appellants, v. COPPCO, INC., Appellee.

United States Court of Appeals Tenth Circuit.

March 11, 1969.

Attorney(s) appearing for the Case

Gordon G. Greiner, Denver, Colo. (Lawrence W. Treece, of Holland & Hart, Denver, Colo., with him on the brief), for appellants.

Thomas E. McCarthy, of McCarthy & Reneau, Denver, Colo., for appellee.

Before LEWIS, HILL, and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellee, Coppco, Inc., commenced this action against R. H. Fulton and the United States Fidelity and Guaranty Company, seeking to recover the balance it claimed was due it as the supplier of concrete water pipe for a steel and concrete waterline constructed by Fulton as the prime contractor. Coppco's contract was to furnish the pipe to Kaiser Steel Corporation which in turn held a contract from Fulton to furnish to him both steel and concrete...

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