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ELTE, INC. v. S. S. MULLEN, INC.

No. 71-2572.

469 F.2d 1127 (1972)

ELTE, INC., Plaintiff-Appellee, v. S. S. MULLEN, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 11, 1972.

Attorney(s) appearing for the Case

Phillip Offenbacker (argued), of Short, Cressman & Cable, Seattle, Wash., John G. Holden, of Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., for defendant-appellant.

Norman B. Kobin (argued), Charles L. Kobin, Leo Levenson, of Kobin & Meyer, Portland, Or., for plaintiff-appellee.

Before: WRIGHT and CHOY, Circuit Judges, and TAYLOR, District Judge.

FRED M. TAYLOR, District Judge:

The Appellee, Elte, Inc. (Elte), brought this diversity action against Appellant, S. S. Mullen, Inc. (Mullen), in the United States District Court for the District of Oregon, seeking compensation for work allegedly performed beyond the scope of its subcontract with Mullen and for damages as a result of alleged breaches of the contract by Mullen. Mullen counterclaimed seeking to recover from Elte the sum of $81,400.00 for work Mullen...

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