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SMITH v. PHILLIPS PIPE LINE COMPANY

No. 3063.

128 F.Supp. 61 (1955)

J. Herb SMITH and M. M. Donaho, d/b/a Smith-Donaho Contracting Company, a co-partnership, Plaintiffs, v. PHILLIPS PIPE LINE COMPANY, a Delaware corporation, Defendant (by original summons), and Smith Contracting Corporation, a Texas corporation, Additional Defendant (on counter-claim and cross-claim) and Hartford Accident & Indemnity Company, a Connecticut corporation, Additional Defendant (on cross-claim).

United States District Court, N. D. Oklahoma.

January 8, 1955.

Attorney(s) appearing for the Case

Farmer, Woolsey, Flippo & Bailey, Tulsa, Okl., for plaintiffs.

Green & Feldman, Tulsa, Okl., Kothe & Huff, Tulsa, Okl., and Looney, Watts, Ross, Looney & Nichols, Oklahoma City, Okl., for defendants.

WALLACE, District Judge.

The plaintiffs, J. Herb Smith and M. M. Donaho, citizens of Texas, doing business as Smith-Donaho Contracting Company, a copartnership, bring this action against the defendant, Phillips Pipe Line Company, a Delaware corporation, to recover sums allegedly due for pipeline work done by plaintiffs for defendant Phillips in Kansas and Missouri. Plaintiffs seek recovery for pipe laid by them while working as the assignee of a written contract originally...

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