Legal Opinion

Miller v. City of Broken Arrow

Court of Appeals for the Tenth Circuit

Decided September 22, 1981No. Nos. 80-1247, 80-1261PublishedCited by 7 opinions

1Opinion of the Court

BARRETT, Circuit Judge.

These consolidated appeals involve a contract dispute relative to the installation of a sewer line.1

Miller Construction Company (Miller), a utility contractor, contracted with the City of Broken Arrow, Oklahoma (City) for the installation of the line in accordance with the plans and specifications of BenhamBlair & Affiliates, Inc. (Engineers), the engineering firm retained by City to serve as its representative in the planning, designing, and inspection of the construction of City’s sewer line project.

Article II of Miller’s contract with City provided:

Article II.…

2Cases cited19 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. United States v. SpearinSupreme Court of the United States · 1918
  3. Rasmussen Drilling, Inc., a Colorado Corporation Licensed to Do Business in Wyoming v. Kerr-Mcgee Nuclear Corporation and Kerr-Mcgee CorporationCourt of Appeals for the Tenth Circuit · 1978
  4. Dale Hackbart v. Cincinnati Bengals, Inc., and Charles "Booby" ClarkCourt of Appeals for the Tenth Circuit · 1979
  5. Natus Corporation v. The United StatesUnited States Court of Claims · 1967

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3Cited by7 opinions

  1. Moe v. Avions Marcel Dassault-Breguet AviationCourt of Appeals for the Tenth Circuit · 1984
  2. Charlie McGee and Cross-Appellee v. Equicor-Equitable Hca Corporation, and Equicor Health Plan, Inc., and Cross-AppellantsCourt of Appeals for the Tenth Circuit · 1992
  3. The Catts Company, an Oklahoma Corporation v. Gulf Insurance Company, a Foreign Insurance CorporationCourt of Appeals for the Tenth Circuit · 1983
  4. James W. Miller, D/B/A Miller Construction Company, United States Fidelity and Guaranty Company, a Maryland Corporation v. The City of Broken Arrow, Oklahoma, and Third Party v. Benham Blair & Affiliates, Inc., a Delaware Corporation D/B/A W. R. Holway and Associates, Third Party James W. Miller, D/B/A Miller Construction Company, United States Fidelity and Guaranty Company, a Maryland Corporation v. Benham Blair & Affiliates, Inc., a Delaware Corporation, D/B/A W. R. Holway and Associates, Third Party v. The City of Broken Arrow, Oklahoma, and Third PartyCourt of Appeals for the Third Circuit · 1981
  5. Harris v. City of Wichita, Sedgwick County, Kan.Court of Appeals for the Tenth Circuit · 1996

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