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SAMPSON CONST. CO. v. FARMERS COOP. EL. CO., MARSHALL, OKL.

No. 8812.

382 F.2d 645 (1967)

SAMPSON CONSTRUCTION COMPANY, Inc., Appellant, v. FARMERS COOPERATIVE ELEVATOR COMPANY, MARSHALL, OKLAHOMA, Appellee.

United States Court of Appeals Tenth Circuit.

August 8, 1967.

Attorney(s) appearing for the Case

Donald R. Newkirk, Wichita, Kan. (Wayne Coulson, Paul R. Kitch and Dale M. Stucky, Wichita, Kan., on the brief), for appellant.

Alex Cheek, Oklahoma City, Okl., (Cheek, Cheek & Cheek, Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

Farmers Cooperative Elevator Company,1 an Oklahoma corporation, brought this action against the Sampson Construction Company,2 a Kansas corporation, to recover damages for a breach of an implied prospective covenant in a contract for the construction by Sampson of a grain storage annex to a grain elevator owned by the Elevator Company.

On February 17, 1959, the Elevator...

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