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LOUIS COOK PLUMBING & HEATING, INC. v. FRANK BRISCOE CO.

No. 440-70.

445 F.2d 1177 (1971)

LOUIS COOK PLUMBING AND HEATING, INC., Plaintiff-Appellant, v. FRANK BRISCOE COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 9, 1971.

Attorney(s) appearing for the Case

Richard Lonnquist, Denver, Colo., for plaintiff-appellant.

Robert S. Treece, Denver, Colo., for defendant-appellee.

Before HILL, SETH and COFFIN, Circuit Judges.

HILL, Circuit Judge.

Appellee Briscoe was engaged by the United States to do certain construction and alterations on the United States Post Office and Customs House in Denver, Colorado. Briscoe subcontracted the pipe laying work to appellant Cook. Basically, appellant Cook's job was to lay Ric-wil pipe in a trench dug by Briscoe between the Customs House and the Post Office. On September 1, 1966, while the project was underway, a rainstorm occurred and rain water...

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