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TRANSPOWER CONSTRUCTORS v. GRAND RIVER DAM AUTH.

Nos. 89-5131, 89-5137, 89-5172, 90-5023 and 89-5132.

905 F.2d 1413 (1990)

TRANSPOWER CONSTRUCTORS, A DIVISION OF HARRISON INTERNATIONAL CORPORATION, Plaintiff-Appellee/Cross Appellant, v. GRAND RIVER DAM AUTHORITY, an Oklahoma Public Corporation, Defendant-Appellant/Cross-Appellee, and Benham Group, Inc., a Delaware Corporation, Defendant. TRANSPOWER CONSTRUCTORS, A DIVISION OF HARRISON INTERNATIONAL CORPORATION, Plaintiff-Appellee, v. GRAND RIVER DAM AUTHORITY, an Oklahoma Public Corporation, Defendant, and Benham Group, Inc., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 15, 1990.

Attorney(s) appearing for the Case

Edward H. Tricker of Woods & Aitken, Lincoln, Neb., for plaintiff-appellee/cross-appellant.

Rodney A. Edwards (Robert S. Erickson with him on the briefs) of Jones, Givens, Gotcher & Bogan, P.C., Tulsa, Okl., for defendant-appellant/cross-appellee.

Harry M. Crowe, Jr., of Crawford, Crowe & Bainbridge, Tulsa, Okl., for defendant-appellant.

Before MOORE and McWILLIAMS, Circuit Judges, and BRATTON, District Judge.

JOHN P. MOORE, Circuit Judge.

This appeal arises from the successful suit by Transpower Constructors against the Grand River Dam Authority (GRDA) in breach of contract and against The Benham Group, Inc., GRDA's construction manager, in negligence. GRDA contends that the verdict on the breach-of-contract claim should be reversed because the jury's award was speculative and because the contract as well as several non-contractual defenses bar Transpower's claim for damages...

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