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DICON, INC. v. CLEARSPAN CONST. CO., INC.

No. S77-0079C.

468 F.Supp. 1050 (1979)

DICON, INC., a corporation, Plaintiff, v. CLEARSPAN CONSTRUCTION COMPANY, INC., and Marben Corporation, Defendant and Third-Party Plaintiff, v. MARX & BENSDORF, INC., a corporation, Defendant.

United States District Court, E. D. Missouri, Southeastern Division.

March 20, 1979.

Attorney(s) appearing for the Case

Glen A. Altman, Sterling & Altman, Fairview Heights, Ill., for plaintiff.

Forest M. Norville, Bruce & Southern, Memphis, Tenn., W. Clifton Banta, Jr., Banta & Hopkins, Charleston, Mo., John L. Oliver, Jr., Oliver, Oliver & Jones, Cape Girardeau, Mo., David E. Blanton, Blanton, Rice, Sickal, Gilmore & Winchester, Sikeston, Mo., for defendant and third party plaintiff.

MEMORANDUM

WANGELIN, District Judge.

The above entitled action arose from the construction of a fifty unit leased housing project in Charleston, Missouri, known as Project MO 12-3. The case was tried to the Court sitting without a jury. The following discussion constitutes the Court's findings of fact and conclusions of law.

This Court has jurisdiction pursuant to 28 U.S.C. § 1332, there being complete...

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