DILLARD & SONS CONST., INC. v. BURNUP & SIMS COMTEC, INC.

Nos. 93-7090, 93-7101.

51 F.3d 910 (1995)

DILLARD & SONS CONSTRUCTION, INC., Plaintiff-Appellee, v. BURNUP & SIMS COMTEC, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Order Clarifying Opinion May 12, 1995.


Attorney(s) appearing for the Case

D.D. Hayes (Juliet N. Brennan with him on the brief) of Bonds, Matthews, Bonds & Hayes, Muskogee, OK, for defendant-appellant.

Gary L. McKnight, McAlester, OK, for plaintiff-appellee.

Before KELLY and HENRY, Circuit Judges, and VAN BEBBER, District Judge.


HENRY, Circuit Judge.

This Oklahoma diversity suit arises out of an independent subcontractor agreement between the plaintiff-appellee, Dillard & Sons Construction, Inc. (Dillard), and the defendant-appellant, Burnup & Sims Comtec, Inc. (Burnup). Burnup appeals from a jury verdict awarding Dillard $73,795.05 for its breach of contract claim and finding against Burnup on its counterclaim. We reverse the district court's judgment and remand the case for a new...

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