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UNITED STATES v. HYDE CONSTRUCTION COMPANY

Civ. No. 5493.

236 F.Supp. 770 (1964)

UNITED STATES of America for the Use of JACKSON READY-MIX CONCRETE, a Corporation, Plaintiff, v. HYDE CONSTRUCTION COMPANY, Inc., United States Fidelity and Guaranty Company, National Surety Corporation, and the Aetna Casualty and Surety Corporation, Defendants.

United States District Court N. D. Oklahoma.

December 31, 1964.

Attorney(s) appearing for the Case

Dyer, Powers & Gotcher, Tulsa, Okl., Robert C. Cannada, Jackson, Miss., for plaintiff.

Sanders, McElroy & Whitten, Tulsa, Okl., C. J. Watts, Oklahoma City, Okl., for defendant.

DAUGHERTY, District Judge.

This memorandum opinion deals with the counterclaim of the defendant, Hyde Construction Company, Inc., against the plaintiff, upon which the issues have been joined, evidence received by the Court, arguments heard, briefs submitted and suggested findings of fact and conclusions of law received by the Court.

The plaintiff's first cause of action has been previously dismissed. Judgment has heretofore been rendered by the Court in the...

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