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WHEELER MACHINERY CO. v. MOUNTAIN STATES MINERAL, ETC.

No. 82-1551.

696 F.2d 787 (1983)

WHEELER MACHINERY COMPANY, a Utah Corporation, Plaintiff-Appellee, v. MOUNTAIN STATES MINERAL ENTERPRISES, INC., a Delaware Corporation, Defendant-Third Party Plaintiff-Appellant, v. STAFFORD CONSTRUCTION COMPANY, INC., a Colorado Corporation, and Harold W. Stafford, Individually, Third Party Defendants.

United States Court of Appeals, Tenth Circuit.

January 7, 1983.

Attorney(s) appearing for the Case

Joseph C. Rust and Antje F. Curry of Kesler & Rust, Salt Lake City, Utah, for plaintiff-appellee.

Joseph Gallegos of Gallegos & Sciumbato, Salt Lake City, Utah, Lawrence Reno of Bader & Cox, Denver, Colo., and John B.M. Frohling and Roger L. Fidler of Frohling & Hanley, Newark, N.J., for defendant-appellant.

Before McKAY, LOGAN and SEYMOUR, Circuit Judges.

PER CURIAM.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

Wheeler Machinery Company (Wheeler) brought a contract claim against appellant Mountain States Mineral Enterprises, Inc. (Mountain States...

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