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LOWELL STAATS MIN. CO. v. PIONEER URAVAN, INC.

No. 86-2626.

878 F.2d 1259 (1989)

LOWELL STAATS MINING COMPANY, INC., a Colorado corporation, Third-party Plaintiff-Appellant, v. PIONEER URAVAN, INC., a Texas corporation, Defendant-Appellee, and Pioneer Corporation and Pioneer Nuclear, Inc., Third-party Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 19, 1989.

Attorney(s) appearing for the Case

Joseph Coleman of Coleman, Brown & Jouflas, Grand Junction, Colo., for third-party plaintiff-appellant.

Theodore Allegra of Nelson, Hoskin, Groves & Prinster (Gregory K. Hoskin of Nelson, Hoskin, Groves & Prinster, and James Golden of Golden, Mumby, Summers & Livingston with him on the briefs), Grand Junction, Colo., for defendant-appellee and third-party defendants-appellees.

Before LOGAN, BARRETT, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Lowell Staats Mining Company, Inc. (Staats), an independent mining contractor, entered into a contract with Pioneer Uravan, Inc. (Uravan) to develop mining property owned by Uravan. When Uravan terminated the contract, Staats sued Uravan for breach of the contract. Uravan then brought a separate suit against Staats seeking to recover overpayments for ore deliveries under the contract. Staats filed a third-party complaint against Pioneer Corporation...

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