Pacific Coast Engineering Company V‪.‬

JAMES M. CARTER, Circuit Judge: On October 19, 1959, Pacific Coast Engineering Company (hereafter Paceco) sued Merritt-Chapman & Scott Corporation (hereafter
Merritt-Chapman) in the California Superior Court in two actions, one for breach of contract and one for money withheld and
interest 1 The actions were removed to the United States District Court in San Francisco. The district judge held that
Paceco had committed an anticipatory breach and that Merritt-Chapman was justified in cancelling the contract. The court awarded
damages to Merritt-Chapman on its counterclaim in the sum of $46,823.00. Paceco appeals the judgment.