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LAW CO., INC. v. MOHAWK CONST. AND SUPPLY CO.

No. 08-3076.

577 F.3d 1164 (2009)

The LAW COMPANY, INC., a Kansas corporation, Plaintiff/Counter-Defendant-Appellee, v. MOHAWK CONSTRUCTION AND SUPPLY COMPANY, INC., a Pennsylvania corporation, Defendant/Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 17, 2009.

Attorney(s) appearing for the Case

David E. White (Joshua C. Dickinson and Barry L. Pickens, Spencer Fane Britt & Browne LLP; and Richard W. Saxe, Jr., Babst, Calland, Clements & Zomnir, P.C., with him on briefs), Babst, Calland, Clements & Zomnir, P.C., Pittsburgh, PA, for Defendant/Counter-Claimant-Appellant.

Ron Campbell (Lyndon W. Vix with him on the briefs), Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for Plaintiff/Counter-Defendant-Appellee.

Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

The Law Company, Inc. ("Law"), a general contractor, sought a declaratory judgment that one of its subcontractors, Mohawk Construction and Supply Company, Inc. ("Mohawk"), is barred from collecting delay damages under the parties' subcontract. Mohawk counterclaimed for breach of contract. On summary judgment, the district court refused to consider two affidavits and numerous documents submitted by Mohawk and declined to address several of Mohawk...

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