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172886P.pdf   08/07/2018  Randy Kinder Excavating  v.  JA Manning Construction Co.
   U.S. Court of Appeals Case No:  17-2886
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Shepherd, Author, with Arnold and Colloton, Circuit Judges] Civil case - Contracts. The district court did not err in determining that plaintiff committed the first material breach of the parties' contract when it threatened - without any justification - to assess delay-related damages, interfered with defendant's relationship with its subcontractor and failed to provide adequate assurance that defendant would be paid for its work; nor did the district court err in finding plaintiff wrongfully terminated the contract; evidence supported the district court's damage award.