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QUAD CONST., INC. v. WM. A. SMITH CONTRACTING CO.

Nos. 75-1260, 75-1261.

534 F.2d 1391 (1976)

QUAD CONSTRUCTION, INC., a Wyoming Corporation, Plaintiff-Appellee, v. WM. A. SMITH CONTRACTING CO., INC., a Missouri Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 22, 1976.

Attorney(s) appearing for the Case

Richard L. Harring, Denver, Colo. (Calkins, Kramer, Grimshaw & Harring, and James S. Bailey, Denver, Colo., on brief), for defendant-appellant.

Joseph E. Meyer III, of Holme, Roberts & Owen, Denver, Colo., for plaintiff-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a contract case with jurisdiction based on diversity. The district court gave judgment for the plaintiff and each side has appealed. We affirm.

Plaintiff Quad Construction, Inc., and defendant Wm. A. Smith Contracting Co. were joint venturers on two tunnel projects located in Colorado. The joint venture was the prime contractor for the cities of Colorado Springs and Aurora on the Homestake Tunnel. On the Divide Tunnel project...

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