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BURGESS CONST. CO. v. M. MORRIN & SON CO., INC.

No. 74-1701.

526 F.2d 108 (1975)

BURGESS CONSTRUCTION COMPANY, an Alaska Corporation, Plaintiff-Appellee, v. M. MORRIN & SON COMPANY, INC., a Utah Corporation, and General Insurance Company of America, an Insurance Company, Defendants-Appellants. U.S. for the Use and Benefit of M. MORRIN & SON COMPANY, INC., a Utah Corporation, Plaintiff-Appellant, v. BURGESS CONSTRUCTION COMPANY, an Alaska Corporation, and General Insurance Company of America, a Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 10, 1975.

Rehearing Denied January 14, 1976.

Attorney(s) appearing for the Case

Robert J. McNichols and Patrick A. Sullivan, Spokane, Wash., for appellants M. Morrin & Son Co., Inc., and Gen. Ins. Co. of America.

David K. Watkiss, Salt Lake City, Utah, for appellees Burgess Const. Co. and Gen. Ins. Co. of America.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

This litigation arose from the Bureau of Reclamation Soldier Creek Dam project. The appellee, Burgess Construction Company (hereinafter referred to as Burgess), was the prime contractor, and the appellant, M. Morrin & Son Company, Inc. (hereinafter referred to as Morrin), was the concrete subcontractor. Delays in the completion of the subcontract work led to a termination and take-over of Morrin's work by Burgess. Burgess then instituted an...

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