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MILLER v. CITY OF BROKEN ARROW, OKL.

Nos. 80-1247, 80-1261.

660 F.2d 450 (1981)

James W. MILLER, d/b/a Miller Construction Company, United States Fidelity and Guaranty Company, a Maryland Corporation, Defendants-Appellees, v. The CITY OF BROKEN ARROW, OKLAHOMA, Defendant and Third Party Plaintiff-Appellant, v. BENHAM BLAIR & AFFILIATES, INC., a Delaware Corporation d/b/a W. R. Holway and Associates, Third Party Defendant-Appellee. James W. MILLER, d/b/a Miller Construction Company, United States Fidelity and Guaranty Company, a Maryland Corporation, Defendants-Appellees, v. BENHAM BLAIR & AFFILIATES, INC., a Delaware Corporation, d/b/a W. R. Holway and Associates, Third Party Defendant-Appellant, v. The CITY OF BROKEN ARROW, OKLAHOMA, Defendant and Third Party Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 22, 1981.

Rehearing Denied October 27, 1981.

Attorney(s) appearing for the Case

Dennis D. King, Tulsa, Okl. (Ray H. Wilburn, Tulsa, Okl., with him on the brief), of Ray H. Wilburn & Associates, Tulsa, Okl., for City of Broken Arrow, Okl.

Harry M. Crowe, Jr., of Crawford, Crowe & Bainbridge, Tulsa, Okl. (Donald G. Hopkins of Hopkins, Warner & King, Tulsa, Okl., with him on the brief), for Benham Blair & Affiliates, Inc.

David H. Sanders, Tulsa, Okl. (Philip J. McGowan, Tulsa, Okl., with him on the brief), (Sanders, McElroy & Carpenter, Tulsa, Okl., of counsel), for James W. Miller.

Before BARRETT and LOGAN, Circuit Judges, and CHILSON, Senior District Judge.

BARRETT, Circuit Judge.

These consolidated appeals involve a contract dispute relative to the installation of a sewer line.1

Miller Construction Company (Miller), a utility contractor, contracted with the City of Broken Arrow, Oklahoma (City) for the installation of the line in accordance with the plans and specifications of Benham-Blair & Affiliates, Inc. (Engineers), the engineering firm retained by City to serve as its representative...

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