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McCLENDON v. T. L. JAMES & COMPANY

No. 15833.

231 F.2d 802 (1956)

William A. McCLENDON et al., Appellants, v. T. L. JAMES & COMPANY, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 6, 1956.

Attorney(s) appearing for the Case

Edward Donald Moseley, Baton Rouge, La., E. H. Cunningham, Jr., Barnett, Jones & Montgomery, Jackson, Miss., Benton & Moseley, Baton Rouge, La., for appellants.

Ronald L. Davis, Monroe, La., Ralph M. Kelton, Hopkins Payne Breazeale, Jr., Baton Rouge, La., E. K. Theus, Monroe, La., Breazeale, Sachse & Wilson, Huckabay, Seale, Kelton & Hayes, Baton Rouge, La., Theus, Grisham, Davis & Leigh, Monroe, La., for appellees.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

BROWN, Circuit Judge.

As a part of its postwar rehabilitation program, the Louisiana Highway Department made a contract with T. L. James & Company, Inc., for patching, widening and resurfacing approximately 17 miles of the major, east-west arterial highway, U. S. 80. Actual work was in active progress on a 6-mile portion in the east end of the project. At a point further west and 6 miles beyond the locale of any actual work, there was a bad sunken, broken place...

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