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GRAHAM CONST. SERVICES v. HAMMER & STEEL INC.

Nos. 13-1843, 13-1906.

755 F.3d 611 (2014)

GRAHAM CONSTRUCTION SERVICES, INC., Plaintiff-Appellee v. HAMMER & STEEL INC., Defendant-Appellant. Graham Construction Services, Inc., Plaintiff-Appellant v. Hammer & Steel Inc., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 13, 2014.

Rehearing and Rehearing En Banc Denied July 23, 2014.

Attorney(s) appearing for the Case

Jane Laurel Volz , argued, Prior Lake, MN ( David M. Duree , O'Fallon, IL, on the brief), for appellant.

Matthew T. Collins , argued, Minneapolis, MN ( James F. Bennett , John D. Comerford , Saint Louis, MO, Nathan R. Sellers , of Minneapolis, MN, on the brief), for appellee.

Before GRUENDER, BRIGHT, and MELLOY, Circuit Judges.

BRIGHT, Circuit Judge.

This dispute arose between the lessor of drilling equipment, Hammer & Steel, Inc. (H & S), and its lessee, Graham Construction Services, Inc. (Graham), over the lease of drilling equipment for the construction of an underground water shaft. As a result of the unsatisfactory performance of the equipment, Graham brought several claims for damages against H & S. H & S filed counterclaims seeking certain damages not paid under the...

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