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CITY OF PURCELL v. MERCO MANUFACTURING, INC.

No. 70-471.

324 F.Supp. 210 (1971)

CITY OF PURCELL, a Municipal Corporation, Plaintiff, v. MERCO MANUFACTURING, INC., a corporation, and Aztec Construction Company, a corporation, Defendants. AZTEC CONSTRUCTION COMPANY, Inc., a corporation, Third-Party Plaintiff, v. Jack CONLEY, Bill G. Hale, and Lloyd Ruby, Third-Party Defendants.

United States District Court, W. D. Oklahoma, Civil Division.

March 23, 1971.

Attorney(s) appearing for the Case

Thomas G. Smith, Purcell, Okl., for plaintiff.

William N. Christian, Oklahoma City, Okl. (Aztec), Grey W. Satterfield, Oklahoma City, Okl. (Merco), Val R. Miller, Oklahoma City, Okl. (Conley, Hale & Ruby), Nelson, Montgomery & Robertson (Conley, Hale & Ruby), Wichita Falls, Tex., for defendants.

ORDER

DAUGHERTY, District Judge.

This controversy involves funds withheld by Plaintiff from its prime contractor as a result of conflicting claims made thereon by the prime contractor, Aztec Construction Company (Aztec), and a supplier of materials, Merco Manufacturing, Inc. (Merco), used by Aztec in the performance of its contract with Plaintiff. Merco supplied the materials, consisting principally of structural steel, to Mac Steel, Inc. (Mac), which under...

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