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DANIEL HAMM DRAYAGE CO. v. WALDINGER CORP.

Nos. 81-1514, 81-1532.

666 F.2d 1213 (1981)

The DANIEL HAMM DRAYAGE COMPANY, Appellant, Cross-Appellee, v. The WALDINGER CORPORATION, Appellee, Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 17, 1981.

Attorney(s) appearing for the Case

John A. Templer, Jr., argued, Des Moines, Iowa, for appellee, cross-appellant; Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, Iowa, Stephen H. Rovak, Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., of counsel.

Justin C. Cordonnier, Edwin L. Noel, argued, Thomas B. Weaver, St. Louis, Mo., for appellant, cross-appellee; Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., of counsel.

Before ROSS and STEPHENSON, Circuit Judges, and WOODS, District Judge.

WOODS, District Judge.

This is a diversity case growing out of a dispute between two experienced contractors over a subcontract for a pollution control facility being built for the Caterpillar Company by a general contractor, W. E. O'Neill Construction Company at Mapleton, Illinois. O'Neill, who also had the general contract for foundry buildings at the site, subcontracted the mechanical and the pollution control portion of the undertaking to the Waldinger Corporation...

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