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VESPER CONST. CO., INC. v. RAIN FOR RENT, INC.

No. 77-1711.

602 F.2d 238 (1979)

VESPER CONSTRUCTION COMPANY, INC., a New Mexico Corporation, Plaintiff-Appellee, v. RAIN FOR RENT, INC., an Arizona Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 3, 1979.

Rehearing Denied September 6, 1979.

Attorney(s) appearing for the Case

Marian Matthews of Matthews, Shannon & Hooker, Albuquerque, N. M., for defendant-appellant.

Stephen Durkovich, Albuquerque, N. M. (Peter C. Mallery and Anne Kass, Albuquerque, N. M., with him, on brief), for plaintiff-appellee.

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

MARKEY, Chief Judge.

Appeal from judgment of the United States District Court for the District of New Mexico on a jury verdict awarding Vesper Construction Co. (Vesper) $300,000 for breach of contract by Rain For Rent, Inc. (Rain). Denial of a jury trial on Rain's Miller Act counterclaim, exclusion of certain reports, and jury instructions on damages in construction cases, are involved. We affirm.

Background

The Contract

Vesper...

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