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BROWN & ROOT, INC. v. GIFFORD-HILL & COMPANY

No. 20220.

319 F.2d 65 (1963)

BROWN & ROOT, INC., Appellant-Appellee, v. GIFFORD-HILL & COMPANY, Inc., Appellee-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 30, 1963.

Attorney(s) appearing for the Case

Nauman S. Scott, Alexandria, La., William A. Brown, Houston, Tex., Provosty, McSween, Sadler & Scott, Alexandria, La., Powell, Brown & Maverick, Houston, Tex., for appellant-appellee Brown & Root, Inc.

John L. Pitts, Alexandria, La., for appellee-appellant.

Before HUTCHESON and GEWIN, Circuit Judges, and CONNALLY, District Judge.

CONNALLY, District Judge.

The appellant Brown & Root was the prime contractor, with the U. S. Army Engineers, for the construction of certain locks upon the Mississippi River referred to as the Old River Navigation Locks. Brown & Root contracted with Lake Pearl Sand & Gravel Co. to purchase its sand and gravel needs from that company. Most of the materials were available to Lake Pearl from its own pits, but it...

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