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W. C. JAMES, INC. v. PHILLIPS PETROLEUM COMPANY

Civ. A. No. C-3069.

347 F.Supp. 381 (1972)

W. C. JAMES, INC., Plaintiff, v. PHILLIPS PETROLEUM COMPANY, a Delaware corporation, Defendant.

United States District Court, D. Colorado.

August 29, 1972.

Attorney(s) appearing for the Case

Clarke and Waggener, by David J. Clarke, Denver, Colo., for plaintiff.

Gorsuch, Kirgis, Campbell, Walker & Grover, by John J. Mullins, Jr., Denver, Colo., and C. B. McDonald, Jr., Bartlesville, Okl., for defendant.

MEMORANDUM OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

WINNER, District Judge.

Plaintiff, a pipeline contractor, is a Nevada corporation with principal offices in Utah. Defendant, a petroleum producer and marketer, is a Delaware corporation with principal offices in Oklahoma. Diversity jurisdiction exists.

On June 23, 1970, the parties entered into a written contract by which plaintiff agreed to construct a 205,452 foot gas gathering pipeline...

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