GLOBE CONST. CO. v. OKLAHOMA CITY HOUSING

Nos. 75-1464 to 75-1467, 75-1469 to 75-1472, 75-1475, 75-1479 and 75-1480.

571 F.2d 1140 (1978)

GLOBE CONSTRUCTION CO., a corporation, Plaintiff-Appellant in 75-1479 and 75-1480, v. OKLAHOMA CITY HOUSING AUTHORITY, Third-Party Plaintiff-Appellee in 75-1465, Jack Matherly, dba Jack Matherly Mechanical Contractor (Appellee in 75-1470), O. C. Maddox, dba Maddox Paint Contracting Company, MCS Services, Inc., a corporation (Appellee in 75-1471), Rock Creek Home Center, Inc., a corporation (Appellee in 75-1469), Katie Alexander Statser, as Administratrix of the Estate of A. F. Statser, Deceased (Appellee in 75-1466), Builders Specialty, Inc. (Appellee in 75-1475), Oklahoma Tile Company, Inc., the CECO Corp., Jerry W. Taylor, dba Concrete Construction Company (Appellee in 75-1467), Green Olman, Ray Davis, dba Pioneer Floor Company (Appellee in 75-1464, 75-1479 and 75-1480), Bill Cox, dba Home Improvement Company (Appellee in 75-1472), Defendants, General Insurance Company of America, Defendant-Appellant in 75-1464, 75-1465, 75-1466, 75-1467, 75-1469, 75-1470, 75-1471, 75-1472 and 75-1475, George Seminoff, Wayne W. Bowman and Albert W. Bode, partners doing business as Seminoff-Bowman-Bode, Third-Party Defendants, Southwest Electric Co., Inc., Intervenor-Defendant.

United States Court of Appeals, Tenth Circuit.

Decided January 13, 1978.

Rehearing Denied March 23, 1978.


Attorney(s) appearing for the Case

Judson S. Woodruff, Oklahoma City, Okl. (McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, Okl., with him on the briefs), for Globe Construction Co.

William B. Rogers, Oklahoma City, Okl., for Oklahoma City Housing Authority.

Carl E. Moslander, Oklahoma City, Okl., for Jack Matherly, dba Jack Matherly Mechanical Contractor.

John B. Hayes, Oklahoma City, Okl. (Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., with him on the briefs), for MCS Services, Inc., Katie Alexander Statser, as Administratrix of the Estate of A. F. Statser, deceased, Jerry W. Taylor, dba Concrete Construction Company, and Bill Cox, dba Home Improvement Co.

Kenneth Dewbre, Oklahoma City, Okl., for Rock Creek Home Center, Inc.

Robert K. Roach, Wichita Falls, Tex. (Gibson, Darden & Hotchkiss, Wichita Falls, Tex., with him on the brief), for Builders Specialty, Inc.

John B. Estes, Oklahoma City, Okl. (Stipe, Gossett, Stipe & Harper, Oklahoma City, Okl., with him on the briefs), for Ray Davis, dba Pioneer Floor Co.

Byrne A. Bowman, Oklahoma City, Okl. (Felix, Bowman, McIntyre & McDivitt, Oklahoma City, Okl., with him on the briefs), for General Insurance Co. of America.

Before McWILLIAMS and DOYLE, Circuit Judges, and MARKEY, Chief Judge.


McWILLIAMS, Circuit Judge.

This controversy arises out of a construction contract that went awry. Globe Construction Company, a Colorado corporation, entered into a contract with the Oklahoma City Housing Authority, a public corporate body organized under the laws of Oklahoma, to perform certain rehabilitation work on the Will Rogers Low Rental Housing Project in Oklahoma City, Oklahoma. General Insurance Company, as surety, executed a performance bond on behalf of...

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