Brooks Towers Corporation, and Cross-Appellees v. The Hunkin-Conkey Construction Company and Federal Insurance Company, and Cross-Appellants

BARRETT, Circuit Judge.

This appeal is taken by Brooks Towers Corporation, hereinafter called the Owner, and its co-plaintiffs, Central Bank and Trust Company and the First National Bank of Denver, lending institutions, from the $786,386.24 judgment awarded the Hunkin-Conkey Construction Company and Federal Insurance Company, hereinafter called the Contractor, upon its counterclaim for damages representing the balance due under a contract for the construction of Brooks Towers, a 42-story commercial and apartment building in Denver. The Contractor has filed a cross-appeal.

This diversity suit…