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KELLEY v. BANK BUILDING AND EQUIPMENT CORP. OF AMER.

No. 316-70.

453 F.2d 774 (1972)

Jack W. KELLEY et al., Appellants, v. BANK BUILDING AND EQUIPMENT CORPORATION OF AMERICA, a corporation, and Advance Glass Company, a corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

January 7, 1972.

Attorney(s) appearing for the Case

Thomas R. Brett, of Jones, Givens, Brett, Gotcher & Doyle, Tulsa, Okl., for appellants.

Robert S. Rizley, Tulsa, Okl. (Walter M. Clark, Justin C. Cordonnier, and Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., of counsel, with him on the brief), for appellee Bank Building and Equipment Corp. of America.

Harry M. Crowe, Jr., of Crowe & Thieman, Tulsa, Okl., for appellee Advance Glass Co.

Before SETH, HOLLOWAY and DOYLE, Circuit Judges.

SETH, Circuit Judge (reassigned to SETH, Circuit Judge, for opinion).

This diversity suit was brought by the owners of the Fourth National Bank Building in Tulsa, Oklahoma, against Bank Building and Equipment Corporation of America, a general contractor that constructed the building for the owners. Commercial Union Insurance Company wrote the performance bond for Bank Building and was included as an additional party defendant. Advance Glass Company, a subcontractor...

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