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MORRISON KNUDSEN v. GROUND IMPROVEMENT

Nos. 06-1434, 06-1435, 06-1463.

532 F.3d 1063 (2008)

MORRISON KNUDSEN CORPORATION, doing business as MK-Ferguson Company, now known as Washington Group International, Inc., an Ohio corporation, Plaintiff/Counter-Defendant-Appellant/Cross-Appellee, v. GROUND IMPROVEMENT TECHNIQUES, INC., a Florida corporation, Defendant/Counter-Claimant-Appellee/Cross-Appellant, Federal Insurance Company, Interested Party-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 8, 2008.

Attorney(s) appearing for the Case

Daniel R. Frost, Holland & Hart LLP, Denver, CO, and Jeffrey S. Price, Manier & Herod, PC, Nashville, TN (Joseph W. Halpern, Timothy W. Gordon, and Anthony J. Navarro, Holland & Hart LLP, Denver, CO; L. Jay Labe, Pendleton, Friedberg, Wilson & Hennessey, P.C., Denver, CO; and Sam H. Poteet, Jr., Manier & Herod, PC, Nashville, TN, with them on the briefs), for Plaintiff/Counter-Defendant-Appellant/Cross-Appellee and Interested Party-Appellant/Cross-Appellee.

Steven R. Schooley, Holland & Knight, Orlando, FL (Frederick Huff, Law Offices of Frederick Huff, Denver, CO, with him on the briefs), for Defendant/Counter-Claimant-Appellee/Cross-Appellant.

Before BRISCOE, EBEL, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Morrison Knudsen Corporation ("MK"), a federal contractor, terminated its subcontractor, Ground Improvement Techniques, Inc. ("GIT") for an alleged default and sued GIT for damages. GIT counterclaimed for wrongful termination. The case initially went to trial in November of 1996. Concluding the termination was wrongful, the jury awarded GIT $5.6 million. The case was appealed to this court in Morrison Knudsen Corporation...

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