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CONCRETE SPECIALTIES v. H. C. SMITH CONSTRUCTION CO.

No. 180-69.

423 F.2d 670 (1970)

CONCRETE SPECIALTIES, a Wyoming corporation, Plaintiff-Appellee, v. H. C. SMITH CONSTRUCTION CO., a California corporation, Defendant-Appellant, and the Boeing Company, a Delaware corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 27, 1970.

Attorney(s) appearing for the Case

Charles E. Graves, Cheyenne, Wyo., and William E. Shade, Greeley, Colo., for defendant-appellant.

Vincent A. Ross, Cheyenne, Wyo., for plaintiff-appellee.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.

MURRAH, Chief Judge.

H. C. Smith Construction Co. appeals from judgment on a jury verdict in favor of Concrete Specialties in a suit against Smith and The Boeing Co.,1 alleging that they "willfully and wrongfully prevented" Concrete from performing its contract with Smith for supplying concrete in the construction of Wyoming missile sites. Concrete sought to recover the monies spent in preparing for performance of the contract and also...

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