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MEAD & MOUNT CONST. CO. v. FOX METAL INDUSTRIES, INC

No. 72-087.

511 P.2d 509 (1973)

MEAD & MOUNT CONSTRUCTION COMPANY, a Colorado corporation, Plaintiff-Appellee, v. FOX METAL INDUSTRIES, INC., a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 1, 1973.

Certiorari Denied July 2, 1973.

Attorney(s) appearing for the Case

Doyle & Biesterfeld, James D. Doyle, M. D. Biesterfeld, Denver, for plaintiff-appellee.

Harry M. Williams, Denver, for defendant-appellant.

Not Selected for Official Publication.

PIERCE, Judge.

Mead & Mount Construction Company brought this action against Fox Metal Industries, seeking damages for fraud and deceit. The basis of Mead & Mount's claim was that Fox, a subcontractor to one of Mead & Mount's principal subcontractors, E. K. Jenkins, Inc., had submitted applications for installment payments, which, pursuant to its contract with Jenkins, were to be based upon the progress of...

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