No. 05-3223.

487 F.3d 772 (2007)

HUTTON CONTRACTING COMPANY, INC., Plaintiff-Appellant, v. CITY OF COFFEYVILLE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 30, 2007.

Attorney(s) appearing for the Case

Bryan W. Smith, Cavanaugh, Smith & Lemon, P.A., Topeka, KS, for Plaintiff-Appellant.

Justice B. King (Richard Petersen-Klein with him on the brief), of Fisher, Patterson, Sayler & Smith, LLP, Topeka, KS, for Defendant-Appellee.

Before HARTZ, EBEL, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

Hutton Contracting Company, Inc., a North Dakota corporation based in Colorado, contracted to construct a power line and a fiber-optic line for the City of Coffeyville, Kansas. Upon completion of the project the City refused to pay the final $110,159.47 out of the contract price of $1,131,947.12, claiming that it was entitled to these funds as liquidated damages because of Hutton's delays. Hutton sued the City in the United States District Court...

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