Legal Opinion

H. B. Zachry Company v. Joe O'Brien and Fred Beachner, D/B/A Asphalt Construction Company

Court of Appeals for the Tenth Circuit

Decided June 13, 1967No. 8867PublishedCited by 44 opinions

1Opinion of the Court

HICKEY, Circuit Judge.

Appellees, co-partners, d/b/a Asphalt Construction Company, residents of Kansas, filed an action in the Federal District Court in Kansas against appellant, a Delaware corporation, for breach of a construction subcontract executed in behalf of appellant by its employee who was superintendent of the project covered by appellant’s prime contract.

Cross motions were filed by the parties praying for a summary judgment under Rule 56, F.R.Civ.P. The court granted appellees’ motions insofar as liability was concerned, and submitted the question of damages to a jury. This appeal…

2Cases cited8 opinions

  1. United States v. Kansas Gas and Electric Company, a CorporationCourt of Appeals for the Tenth Circuit · 1961
  2. Tom S. Bumgarner v. Joe Brown Company, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1967
  3. Willey v. GouldingSupreme Court of Kansas · 1916
  4. Miles v. City of WichitaSupreme Court of Kansas · 1954
  5. Middleton v. City of EmporiaSupreme Court of Kansas · 1920

3 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
  2. Friedel v. City of MadisonCourt of Appeals for the Seventh Circuit · 1987
  3. Olympic Junior, Inc., in No. 71-1440 v. David Crystal, Inc. Appeal of Edward Defabio, in No. 71-1441. Appeal of Paul D'alessandro, in No. 71-1442Court of Appeals for the Third Circuit · 1972
  4. Harrison Western Corporation, a Florida Corporation v. Gulf Oil Company, a Pennsylvania CorporationCourt of Appeals for the Tenth Circuit · 1981
  5. Schwartz v. Compagnie General TransatlantiqueCourt of Appeals for the Second Circuit · 1968

39 more not listed; retrieve them via the Exa API.

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