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BROOKS TOWERS CORP. v. HUNKIN-CONKEY CONSTRUCTION CO.

Nos. 71-1094, 71-1095.

454 F.2d 1203 (1972)

BROOKS TOWERS CORPORATION et al., Plaintiffs-Appellants and Cross-Appellees, v. The HUNKIN-CONKEY CONSTRUCTION COMPANY and Federal Insurance Company, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

February 1, 1972.

Attorney(s) appearing for the Case

Geoffrey M. Kalmus, New York City (Nickerson, Kramer, Lowenstein, Nessen & Kamin, New York City; Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., on the brief), for plaintiffs-appellants and cross-appellees.

Warren O. Martin, Denver, Colo. (Berge, Martin & Clark, Denver, Colo., on the brief), for defendants-appellees and cross-appellants.

Before PICKETT, HILL and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

This appeal is taken by Brooks Towers Corporation, hereinafter called the Owner, and its co-plaintiffs, Central Bank and Trust Company and the First National Bank of Denver, lending institutions, from the $786,386.24 judgment awarded the Hunkin-Conkey Construction Company and Federal Insurance Company, hereinafter called the Contractor, upon its counterclaim for damages representing the balance due under a contract for the construction of Brooks...

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