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HENRY C. BECK CO. v. ROSS ISLAND SAND & GRAVEL CO.

No. 25302.

456 F.2d 316 (1972)

HENRY C. BECK COMPANY, a corporation, and Utah Construction & Mining Co., a corporation, doing business as Beck-Utah, a Joint Venture, Plaintiffs and Appellants, v. ROSS ISLAND SAND & GRAVEL CO., a corporation, Defendant and Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 24, 1972.

Attorney(s) appearing for the Case

Carl R. Neil (argued), of Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland, Oregon, for plaintiffs-appellants.

James H. Clarke (argued), George L. Kirklin, of McColloch, Dezendorf, Spears & Lubersky, Portland, Or., for defendant-appellee.

Before CHAMBERS, CARTER and WRIGHT, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

This damage suit for breach of contract was tried to the court without a jury. It resulted in a judgment for defendant-appellee, hereafter Ross Island.

The appellant (hereafter Beck), raises the following questions:

(1) Did the trial court err in Finding of Fact XI and Conclusion of Law I that the Standard Specifications for Ready Mix Concrete, C94, was made applicable to the concrete here in question by the specifications...

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