ROSS v. T. C. BATESON CONSTRUCTION COMPANY

No. 17678.

270 F.2d 796 (1959)

F. M. ROSS, Appellant, v. T. C. BATESON CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

October 9, 1959.


Attorney(s) appearing for the Case

Hugh A. Locke, Birmingham, Ala., for appellant.

Reid B. Barnes, James O. Haley, Birmingham, Ala., Oliver A. Fountain, Dallas, Tex., Brundidge, Fountain, Elliott & Bateman, Dallas, Tex., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel, for appellee.

Before JONES, BROWN and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This appeal presents the question of whether the appellant's cause of action is barred by a former suit. The lower court hold that the prior suit barred this action and granted the appellee's motion for a directed verdict. We reverse and remand.

The T. C. Bateson Construction Company, appellee-defendant, contracted to construct four warehouses for the United States Government at Anniston Ordnance Depot, Anniston, Alabama. F. M. Ross...

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