Dicon, Inc. v. Clearspan Construction Co.

MEMORANDUM

WANGELIN, District Judge.

The above entitled action arose from the construction of a fifty unit leased housing project in Charleston, Missouri, known as Project MO 12-3. The case was tried to the Court sitting without a jury. The following *1051discussion constitutes the Court’s findings of fact and conclusions of law.

This Court has jurisdiction pursuant to 28 U.S.C. § 1332, there being complete diversity of citizenship among the parties, and the amount in controversy exceeding the sum of Ten Thousand Dollars ($10,000), excluding interest and costs.

Defendant and third-party plaintiff…