Legal Opinion

Happy Elevator No. 2 v. Osage Const. Co.

Court of Appeals for the Tenth Circuit

Decided January 6, 1954No. 4688_1PublishedCited by 18 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

Happy Elevator No. 2, a co-partnership composed of D. D. Whitlow, J. O. Parker and Dale D. Whitlow, brought this action against Osage Construction Company, 1 a co-partnership composed of V. B. Likins and Max D. Westbrook, to recover damages for an alleged breach of a construction contract. The trial court held that the issues in the instant case had been determined by judgment entered in the United States District Court for the Northern District of Texas, and entered summary judgment in favor of Osage. Happy has appealed.

The essential facts are not in dispute. In April…

2Cases cited27 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Cromwell v. County of SacSupreme Court of the United States · 1877
  3. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  4. Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
  5. Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933

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3Cited by18 opinions

  1. Ettin v. Ava Truck Leasing, Inc.Supreme Court of New Jersey · 1969
  2. Security Insurance Company of New Haven v. Virgil H. Johnson and Rex Bratcher, D/B/A Johnson-Bratcher Construction Co.Court of Appeals for the Tenth Circuit · 1960
  3. Joseph Aguilar Gaitan and Dolores Marie Gaitan v. United StatesCourt of Appeals for the Tenth Circuit · 1961
  4. Providential Development Company, a Corporation, and W. C. Jackson v. United States Steel Company, a CorporationCourt of Appeals for the Tenth Circuit · 1956
  5. Oklahoma ex rel. Wilson v. BlankenshipCourt of Appeals for the Tenth Circuit · 1971

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

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