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W K CONTRACTING CO., INC. v. ASHLAND OIL & REFINING CO.

No. 72-2068.

478 F.2d 1046 (1973)

W K CONTRACTING CO., INC., Appellant, v. ASHLAND OIL & REFINING CO. et al., Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 31, 1973.

Attorney(s) appearing for the Case

James F. Clay, Danville, Ky., for appellant; Clay & Clay, Danville, Ky., on brief.

W. H. Dysard, Ashland, Ky., for appellees by Stuart E. Lampe, Louisville, Ky.; Robert L. Sloss, Stuart E. Lampe, Wyatt, Grafton & Sloss, Louisville, Ky., on brief.

Before CELEBREZZE, MILLER and KENT, Circuit Judges.

PER CURIAM.

This case involves an appeal from a judgment of the District Court of the Western District of Kentucky that Appellant, W K Contracting Co. (W K), was not entitled to payment for work which it contended was extra and beyond that contemplated by the contract between W K and Appellee, Ashland Oil & Refining Co. (Ashland). It was alleged that the work had been ordered by Ashland during the performance of the contract which provided for the construction...

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