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DENTON CONST. CO. v. MO. PORTLAND CEMENT CO.

No. 81-1178.

659 F.2d 873 (1981)

DENTON CONSTRUCTION COMPANY, Appellant, v. MISSOURI PORTLAND CEMENT CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1981.

Attorney(s) appearing for the Case

Ira Genberg, argued, Neil C. Schemm, Stokes & Shapiro, Atlanta, Ga., Joseph A. Murphy, Lucas & Murphy, St. Louis, Mo., for plaintiff-appellant.

Jim J. Shoemake, J. Richard McEachern, argued, Guilfoil Symington, Petzall & Shoemake, St. Louis, Mo., for defendant-appellee.

Before STEPHENSON and McMILLIAN, Circuit Judges, and HANSON, Senior District Judge.

PER CURIAM.

Denton Construction Company (Denton) brought this suit for damages stemming from Missouri Portland Cement's (Missouri Portland) delays in supplying cement to Denton for the construction of Interstate 240 near Memphis, Tennessee. The district court, 507 F.Supp. 53, dismissed all counts of the suit on a Rule 12(b)(6), Fed.R.Civ.P., motion made by Missouri Portland.1 Denton appeals. We reverse...

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