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HUNT PROCESS COMPANY v. ANDERSON

No. 71-1370.

455 F.2d 700 (1972)

HUNT PROCESS COMPANY, a partnership, Plaintiff-Appellee, v. E. E. ANDERSON, d/b/a E. E. Anderson Company, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 14, 1972.

Attorney(s) appearing for the Case

Charles E. Barnhart, Albuquerque, N. M. (Hannett, Hannett, Cornish & Barnhart, Albuquerque, N. M., on the brief), for plaintiff-appellee.

David R. Gallagher, Albuquerque, N. M. (Gallagher & Rudd, Albuquerque, N. M., on the brief), for defendant-appellant.

Before LEWIS, Chief Judge, DOYLE, Circuit Judge, and WINNER, District Judge.

WINNER, District Judge.

The Corps of Engineers awarded a prime contract to each of the parties for runway work at Nellis Air Force Base; and, in addition, the Air Force awarded another contract to Anderson for work at the base. Anderson was to perform concrete work, and Hunt was to deepen and seal the construction joints. Anderson ran into trouble on the job, and Hunt was employed by him to perform corrective work. By later change in the contract, some payments were...

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