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METROPOLITAN PAVING CO. v. CITY OF AURORA, COLORADO

No. 364-70.

449 F.2d 177 (1971)

METROPOLITAN PAVING COMPANY, Incorporated, et al., Plaintiffs-Appellants, v. CITY OF AURORA, COLORADO and City of Colorado Springs, Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 24, 1971.

Attorney(s) appearing for the Case

Stanley J. Norton, New York City (Norton, Sacks, Molineaux & Pastore, New York City, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., Barefoot, Moler & Claro, Oklahoma City, Okl., and Charles E. Grover, Denver, Colo., and David E. Montgomery, New York City, of counsel, on the brief), for plaintiffs-appellants.

Louis Johnson and R. E. Anderson, Colorado Springs, Colo. (Horn, Anderson & Johnson, Colorado Springs, Colo., on the brief), for defendants-appellees.

Before SETH, ADAMS, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a contract dispute arising out of a contract for the construction of a major water delivery pipeline for the municipalities of Aurora and Colorado Springs. Metropolitan Paving Company, Incorporated, Gill Construction Company and Tecon Corporation, a joint venture hereinafter referred to as MGT, are the plaintiffs and as the general contractors assert claims both under the contract and for breach thereof. The aforesaid municipalities...

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