BANNER IRON WORKS, INC. v. AMAX ZINC CO., INC.

Nos. 79-1302, 79-1343.

621 F.2d 883 (1980)

BANNER IRON WORKS, INC., Appellant, v. AMAX ZINC COMPANY, INC., Appellee. BANNER IRON WORKS, INC., Appellee, v. AMAX ZINC COMPANY, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1980.


Attorney(s) appearing for the Case

William J. Travis, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for appellant, Banner Iron Works; John J. Cole, Fred Leicht, Jr., St. Louis, Mo., on brief.

Robert M. Lucy, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for appellee, Amax Zinc Co.; Thomas C. Walsh and Michael B. McKinnis, St. Louis, Mo., on brief.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.


HEANEY, Circuit Judge.

Banner Iron Works, Inc., contracted to fabricate steelwork to be used in building certain highly specialized equipment for Amax Zinc Company, Inc. Numerous difficulties arose during the performance of the contract, however, and Amax called in other contractors to complete the job. Amax withheld payment to Banner and suit and countersuit were filed.

The circumstances surrounding the formation of the contract were as follows: After meeting...

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