Legal Opinion

School District No. 5 v. James Lundgren, D/B/A Pacific Construction Company

Court of Appeals for the Ninth Circuit

Decided September 9, 1958No. 19-15299PublishedCited by 26 opinions

1Opinion of the Court

HAMLEY, Circuit Judge.

James Lundgren, doing business as Pacific Construction Company, brought this action against School District No. 5, Baker, Oregon, and three architects. Jurisdiction was based on diversity of citizenship. Orders and a judgment adverse to the school district were entered, from which the district appeals.

Two causes of action were stated in the complaint, the first directed against the school district, and the second against the architects. The first cause of action alleged that there remained an unpaid balance in the sum of $65,610.36, due the contractor under two contracts…

2Cases cited2 opinions

  1. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  2. Tauzin v. Saint Paul Mercury Indemnity Co.Court of Appeals for the Fifth Circuit · 1952

3Cited by26 opinions

  1. Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
  2. United States v. Ray B. WoodburyCourt of Appeals for the Ninth Circuit · 1959
  3. Paul E. Repass v. Albert L. Vreeland and Leonard G. Brown, Individuals, and Vreeland & Brown, a New Jersey Partnership in the Practice of LawCourt of Appeals for the Third Circuit · 1966
  4. Cmax, Inc., Also D. B. A. City Messenger of Hollywood and City Messenger Air Express v. Drewry Photocolor CorporationCourt of Appeals for the Ninth Circuit · 1961
  5. A & a Sign Company, Inc. v. Rex E. Maughan, Trustee of Mayer Central Building Corporation, a DebtorCourt of Appeals for the Ninth Circuit · 1969

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