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COX v. FREMONT COUNTY PUBLIC BUILDING AUTHORITY

No. 9753.

415 F.2d 882 (1969)

Ross E. COX, General Contractor, and Fidelity and Deposit Co. of Maryland, a Maryland corporation, Appellants, v. The FREMONT COUNTY PUBLIC BUILDING AUTHORITY, a Colorado corporation, the County of Fremont By and Through the Board of County Commissioners of Fremont County, and the First National Bank of Florence, Trustee, Appellees.

United States Court of Appeals Tenth Circuit.

September 3, 1969.

Attorney(s) appearing for the Case

Thomas W. Whittington and John H. Tippit, Denver, Colo., and John A. F. Wendt, of Clark & Wendt, Aspen, Colo., for appellants.

John J. Hanlon and Charles F. Brega, of Hindry, Erickson & Meyer, Denver, Colo., for appellees.

Before JONES, Senior Circuit Judge, and BREITENSTEIN and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

This appeal seeks reversal of a judgment on a jury verdict for damages against a building contractor and his surety. The damages were awarded in a diversity suit for breach of a contract for construction of a courthouse in Fremont County, Colorado, and for sums expended to mitigate damages to the building. Leaking and breakage of glass in a skylight in the courthouse roof is the center of the controversy involved on this appeal.

Appellant...

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