James Lundgren, D/B/A Pacific Construction Company v. Claude Freeman, Sydney B. Hayslip and Stewart Tuft, Co-Partners D/B/A Freeman, Hayslip and Tuft, School District No. 5 v. James Lundgren, D/B/A Pacific Construction Company

292 F.2d 489 James LUNDGREN, d/b/a Pacific Construction Company, Appellant, v. Claude FREEMAN, Sydney B. Hayslip and Stewart Tuft, Co-partners d/b/a Freeman, Hayslip and Tuft, Appellees. SCHOOL DISTRICT NO. 5, Appellant, v. James LUNDGREN, d/b/a Pacific Construction Company, Appellee. No. 17232. United States Court of Appeals Ninth Circuit. June 30, 1961. Reinhardt, Coblens & Stoll, Justin N. Reinhardt, Portland, Or., for appellant Lundgren. Banta, Silven, Horton & Young, David C. Silven, Baker, Or., for appellant School Dist. No. 5. Koerner, Young, McColloch & Dezendorf, Oglesby H. Young, James H. Clarke, Portland, Or., for appellees Hayslip and others. Before CHAMBERS, BARNES and HAMLEY, Circuit Judges. HAMLEY, Circuit Judge. 1 This is a contractor's action against an owner school district and three architects asserting claims arising out of certain contracts for the construction of school facilities. Jurisdiction in the district court rested on diversity of citizenship. 2 In an order filed March 21, 1957, and a judgment entered April 22, 1957, the contractor, James Lundgren, was awarded judgment against School District No. 5, Baker, Oregon, in the sum of $66,339.71,…