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CITY OF PHOENIX v. COM/SYSTEMS, INC.

No. 81-5471.

706 F.2d 1033 (1983)

CITY OF PHOENIX, Plaintiff-Appellee, v. COM/SYSTEMS, INC., et al., Defendants-Appellants. Richard H. BARRY, Counter-claimant/Appellant, v. CITY OF PHOENIX, Counter-defendant/Appellee. OHIO CASUALTY INSURANCE COMPANY, Cross-claimant, v. Richard H. BARRY, et al., Cross-defendant.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1983.

Attorney(s) appearing for the Case

Don C. Stevens, II, William R. Jones, Jr., Jones, Skelton & Hochuli, Phoenix, Ariz., for plaintiff-appellee.

Robert O. Dyer, Phoenix, Ariz., Michael J. Pearce, George E. Wise, Wise & Nelson, Long Beach, Cal., for defendants-appellants.

Before ELY and CHOY, Circuit Judges, and THOMPSON, District Judge.

CHOY, Circuit Judge:

This diversity action arose out of a contract dispute between the City of Phoenix ("City") and a contractor who had agreed to build a communications system for the City. The contractor's performance bond surety company, which was joined as a defendant, cross-claimed for indemnity against the contractor. We find that (1) the district court acted properly in entering a judgment notwithstanding the verdict...

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