R. P. FARNSWORTH & CO. v. TRI-STATE CONSTRUCTION CO.

No. 17486.

271 F.2d 728 (1959)

R. P. FARNSWORTH & CO., Inc., Appellant, v. TRI-STATE CONSTRUCTION CO. et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 1, 1959.


Attorney(s) appearing for the Case

R. Emmett Kerrigan, Ralph L. Kaskell, Jr., New Orleans, La., Perry Brannen, Savannah, Ga., Deutsch, Kerrigan & Stiles, New Orleans, La., Brannen, Clark & Hester, Savannah, Ga., of counsel, for appellant.

John E. Simpson, Savannah, Ga. (Hitch, Miller & Beckmann, Savannah, Ga., of counsel), for American Houses, Inc.

William H. Schroder, T. M. Smith, Jr., Roy S. Drennan, Atlanta, Ga., Alex A. Lawrence, Savannah, Ga. (Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., Bouhan, Lawrence, Williams & Levy, Savannah, Ga., of counsel), for Tri-State Const. Co.

Hugh M. Dorsey, Jr., Atlanta, Ga. (Crenshaw, Hansell, Ware, Brandon & Dorsey, Atlanta, Ga., of counsel), for American Surety Co.

Before RIVES, Chief Judge, and CAMERON and JONES, Circuit Judges.


RIVES, Chief Judge.

This appeal is from two judgments entered upon a jury's verdict against R. P. Farnsworth & Co., Inc.,1 one in favor of Tri-State Construction Company2 for the sum of $133,020.80, and the other in favor of American Houses, Inc.,3 for the sum of $151,142.35. The trial in the district court consumed ten full days, and the record on appeal comprises 1474 printed...

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