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ARMOUR AND COMPANY v. NARD

Nos. 71-1433, 71-1444.

463 F.2d 8 (1972)

ARMOUR AND COMPANY, Appellee, v. John A. NARD, Appellant. ARMOUR AND COMPANY, Appellant, v. John A. NARD, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1972.

Attorney(s) appearing for the Case

Charles R. Wolle, Gerald M. Kraai, D.C. Shull, of Shull, Marshall, Marks & Vizintos, Sioux City, Iowa, for Armour & Co.

Thomas M. Thompson, David B. Buerger, of Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for John A. Nard.

Before BREITENSTEIN, Senior Circuit Judge, and HEANEY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

Plaintiff, Armour and Company (Armour) originally brought this action against defendant contractor, John A. Nard (Nard) for delay damages caused by Nard's alleged breach in the performance of a written cost-plus (15%) building construction contract entered into by the parties on September 6, 1968 for the construction of an Armour hog-cut facility in Sioux City, Iowa. Nard denied there was any breach on his part and counterclaimed for delay...

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