Construct Tech Corporation, Plaintiff-Appellee-Cross-Appellant v. City of Coeur D'alene, Defendant-Appellant-Cross-Appellee

67 F.3d 306 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CONSTRUCT TECH CORPORATION, Plaintiff-Appellee-Cross-Appellant, v. CITY OF COEUR D'ALENE, Defendant-Appellant-Cross-Appellee. Nos. 94-35666, 94-35708. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 10, 1995. Decided Oct. 3, 1995. As Amended Nov. 2, 1995. 1 Before: BEEZER and HAWKINS, Circuit Judges, and TEVRIZIAN, * District Judge. 2 MEMORANDUM ** 3 This action involves a dispute between the City of Coeur d'Alene ("City") and Construct Tech Corporation ("Construct") regarding the City's termination for default of the Contract between itself and Construct for the construction of Phase 3C of the City's waste water treatment plant ("Plant"). As a result of this termination, Construct filed a complaint seeking (a) reimbursement for services rendered, costs advanced, commitments settled, and profits earned on contract prior to the termination; (b) profits which would have been earned on the…