Jack W. Kelley v. Bank Building and Equipment Corporation of America, a Corporation, and Advance Glass Company, a Corporation

(reassigned to SETH, Circuit Judge, for opinion).

This diversity suit was brought by the owners of the Fourth National Bank Building in Tulsa, Oklahoma, against Bank Building and Equipment Corporation of America, a general contractor that constructed the building for the owners. Commercial Union Insurance Company wrote the performance bond for Bank Building and was included as an additional party defendant. Advance Glass Company, a subcontractor implead-ed by Bank Building, counterclaimed against the plaintiffs and defendant Bank Building. Plaintiffs assert several defects in the completed…