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GULF ATLANTIC TOWING CORPORATION v. DICKERSON, INC.

Nos. 17532, 17533.

271 F.2d 542 (1959)

GULF ATLANTIC TOWING CORPORATION, Appellant, v. DICKERSON, INC., Appellee. MIAMI TOWING COMPANY and Gulf Atlantic Towing Corporation, Appellants, v. DICKERSON, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearings Denied December 15, 1959.

Attorney(s) appearing for the Case

Edward McCarthy, Jacksonville, Fla., McCarthy, Lane & Adams, Jacksonville, Fla., of counsel, for appellants.

Chester Bedell, C. Harris Dittmar, Jacksonville, Fla., Bedell & Bedell, Jacksonville, Fla., of counsel, for appellee.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

On February 24, 1956, Gulf Atlantic Towing Corporation (GATCO) and Dickerson, Inc., a road contractor, entered into a written contract under which Gatco agreed to haul between 100,000 and 125,000 cubic yards of stone between a point on Lake Okeechobee and one on the St. Lucie River. Dickerson was to pay 40¢ per cubic yard for the haulage. Both parties agree that the only significant parts of this...

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