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PETER KIEWIT SONS' CO. v. COLORADO & SOUTHERN RAILWAY CO.

Civ. A. No. 7086.

199 F.Supp. 261 (1961)

PETER KIEWIT SONS' CO. and J. A. Park Machinery Co., Plaintiffs, v. COLORADO & SOUTHERN RAILWAY COMPANY, Defendant.

United States District Court D. Colorado.

October 26, 1961.

Attorney(s) appearing for the Case

Stockton, Linville, Lewis & Mitchell, William D. Mitchell, Denver, Colo., for plaintiffs.

John C. Street and Willard L. Peck, Denver, Colo., for defendant.

DOYLE, District Judge.

The Complaint herein describes distinct claims on behalf of Kiewit and Park. The former is alleged to be the prime contractor engaged in constructing a bridge at Thompson Falls, Montana; the Park Company is alleged to be a subcontractor which had undertaken to erect structural steel on the same project.

The defendant is alleged to have negligently damaged a shipment of structural steel which had been marked and fitted for use on the...

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