Court of Appeals for the Tenth Circuit March 15, 1968, 9103 (Metropolitan Paving Company Inc. v. Kay Lynne Puckett)

JONES, Circuit Judge:

The facts from which this appeal stems, to the extent such facts are material to a decision of the appeal, may be briefly recited. Metropolitan Paving Company, the appellant, had a contract with the Department of Highways of the State of Oklahoma to do a paving job on an expressway along 74th Street, including service or by-pass roads along each side of it.