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WESTERN CONTRACTING CORP. v. DOW CHEMICAL CO.

No. 81-1339.

664 F.2d 1097 (1981)

WESTERN CONTRACTING CORPORATION, Appellant, v. The DOW CHEMICAL COMPANY, Appellee. The DOW CHEMICAL COMPANY, Appellee, v. WESTERN CONTRACTING CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1981.

Rehearing Denied December 24, 1981.

Attorney(s) appearing for the Case

Norton & Christensen, Goshen, N. Y., for appellant; Henry N. Christensen, Jr., argued, Richard B. Golden, Goshen, N. Y., of counsel.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, Michael Berens, argued, William P. Studer, Madge S. Thorsen, Minneapolis, Minn., for appellee.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and HUNTER, Senior District Judge.

LAY, Chief Judge.

This appeal arises from consolidated cases brought by Western Contracting Corporation (Western) on grounds of breach of contract and fraud and by Dow Chemical Company (Dow) for payments due and for foreclosure of a mechanic's lien. Pursuant to a trial to the court, the Honorable Earl R. Larson presiding, a judgment of $328,177.11 was entered for Dow, and Western appeals, claiming that: (1) the trial court erred in concluding that the contract unambiguously...

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