Simpson Timber Company, a Corporation v. Palmberg Construction Co., a Corporation, Palmberg Construction Co., a Corporation v. Simpson Timber Company, a Corporation

377 F.2d 380 SIMPSON TIMBER COMPANY, a corporation, Appellant, v. PALMBERG CONSTRUCTION CO., a corporation, Appellee. PALMBERG CONSTRUCTION CO., a corporation, Appellant, v. SIMPSON TIMBER COMPANY, a corporation, Appellee. No. 20219. United States Court of Appeals Ninth Circuit. April 5, 1967. Rehearing Denied May 18, 1967. COPYRIGHT MATERIAL OMITTED Ryan, Askren, Carlson, Bush & Swanson, D. E. Kremer, Seattle, Wash., for appellant. James O'Hern, Blair, Thomas, O'Hern & Daheim, Tacoma, Wash., for appellee. Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges. KOELSCH, Circuit Judge. 1 This diversity action was brought by Palmberg Construction Co., a dredging contractor, to recover additional compensation for work done by Palmberg at the Shelton, Washington plant of the Simpson Timber Company. The work consisted of filling a portion of Simpson's waterfront property with materials to be dredged by Palmberg from the adjacent harbor area. The dispute arose because Palmberg asserted that the conditions encountered in performance of the job differed materially from those originally contemplated. Accordingly, not satisfied with the contractually agreed upon payment formula, it…