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R. F. BALL CONSTRUCTION COMPANY v. JACOBS

Civ. A. No. 1997.

140 F.Supp. 60 (1956)

R. F. BALL CONSTRUCTION COMPANY, Inc. v. Marcus M. JACOBS et al.

United States District Court W. D. Texas, San Antonio Division.

March 29, 1956.

Attorney(s) appearing for the Case

Josh H. Groce, Eskridge, Groce & Hebdon, San Antonio, Tex., of counsel, for United Pacific Ins. Co.

Brewer, Matthews, Nowlin & Macfarlane, San Antonio, for The Herweck Co., Inc.

Allen H. Kottwicz, Houston, Tex., for S. H. Kottwicz & Co.

Simon & Simon, by Richard U. Simon, Fort Worth, Tex., for Ball Const. Co.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Edward W. Rothe, Sp. Assts. to the Atty. Gen., Russell B. Wine, U. S. Atty., San Antonio, Tex., Harman Parrott, Asst. U. S. Atty., San Antonio, Tex., for the United States.

RICE, Chief Judge.

Pursuant to Rule 52(a), 28 U.S.C.A., this Memorandum of Decision is filed and contains findings of fact and conclusions of law in this case, the facts of which have all been stipulated by the parties.

On June 26, 1951, R. F. Ball Construction Company (hereinafter called Ball) entered into a contract with the Housing Authority of the City of San Antonio (hereinafter called Housing Authority) for the construction of a housing project. Shortly...

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