Timberlake Construction Co., Plaintiff-Appellee/cross-Appellant v. U.S. Fidelity and Guaranty Co., Defendant-Appellant/cross-Appellee

U.S. Court of Appeals, Tenth Circuit · Decided 1995-11-22

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OWEN, Senior District Judge. Defendant-appellant U.S. Fidelity and Guaranty Company (“Fidelity”) appeals from an adverse jury verdict in an action commenced by its insured, plaintiff-appellee Tim-berlake Construction Company. Timberlake contracted with Wal-Mart Stores to build a Wal-Mart supercenter in Claremore, Oklahoma. It purchased a $4,600,000 builders…

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