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BRADFORD BUILDERS, INC. v. SEARS, ROEBUCK & CO.

No. 17479.

270 F.2d 649 (1959)

BRADFORD BUILDERS, INC., Appellant, v. SEARS, ROEBUCK & CO., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 4, 1959.

Attorney(s) appearing for the Case

Herbert L. Nadeau, Miami, Fla., Anderson & Nadeau, Miami, Fla., for appellant.

Edward J. Atkin, John H. Wahl, Jr., Phillip W. Knight, Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, Fla., for appellee.

Before RIVES, Chief Judge, TUTTLE, Circuit Judge, and SIMPSON, District Judge.

SIMPSON, District Judge.

Bradford Builders, Inc. (hereinafter Bradford) a general contractor, had a contract with the Dade County Board of Public Instruction for the erection of a school building. The plans and specifications called for the enclosure of the property by a wire fence, supported by metal posts, set in concrete. On July 5, 1956, Sears, Roebuck & Co. (hereinafter Sears) entered into a sub-contract with Bradford to erect the fence. The sub-contract...

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