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MOORHEAD CONST. CO., INC. v. CITY OF GRAND FORKS

Nos. 74-1216, 74-1234.

508 F.2d 1008 (1975)

MOORHEAD CONSTRUCTION CO., INC., a corporation, Appellee-Cross-Appellant, v. CITY OF GRAND FORKS, a Municipal Corporation, Appellant-Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 3, 1975.

Attorney(s) appearing for the Case

John D. Kelly, Fargo, N. D., for appellant-cross-appellee.

Gordon Caldis, Grand Forks, N. D., for appellee-cross-appellant.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and WEBSTER, Circuit Judge.

GIBSON, Chief Judge.

In this court-tried diversity case, the plaintiff Moorhead Construction Co., Inc., recovered a judgment of $109,994.26 for breach of contract. A counterclaim of the defendant City of Grand Forks, North Dakota, was dismissed with prejudice. In its original complaint Moorhead, a Minnesota corporation, sought $125,000 in extra expenses and lost profits incurred in performing a contract with the City to...

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