STANDARD ROOFING & M. CO. v. CHAS. M. DUNNING CONST. CO.

No. 5094.

224 F.2d 449 (1955)

STANDARD ROOFING AND MATERIAL CO., Appellant, v. CHAS. M. DUNNING CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

June 27, 1955.


Attorney(s) appearing for the Case

David J. Morrison, Oklahoma City, Okl. (Butler, Rinehart & Morrison, Oklahoma City, Okl., on the brief), for appellant.

Lynn Bullis, Oklahoma City, Okl. (Monnet, Hayes & Bullis, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON and MURRAH, Circuit Judges, and WALLACE, District Judge.


BRATTON, Circuit Judge.

Standard Roofing and Material Co., hereinafter referred to as Roofing, instituted this action against Chas. M. Dunning Construction Company, hereinafter referred to as Dunning, seeking a declaratory judgment determining the rights of the parties in respect to a justiciable controversy existing between them. It was pleaded in the complaint that Dunning was the general contractor for the construction of a building in Oklahoma; and that Dunning...

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