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WM. A. SMITH CONTR. CO. v. WEST CENTRAL TEXAS MUN. W. DIST.

No. 21678.

344 F.2d 470 (1965)

WM. A. SMITH CONTRACTING COMPANY, Inc., Appellant v. WEST CENTRAL TEXAS MUNICIPAL WATER DISTRICT, Appellee.

United States Court of Appeals Fifth Circuit.

April 22, 1965.

Attorney(s) appearing for the Case

Donald L. Howell, William R. Eckhardt, Vinson, Elkins, Weems & Searls, Houston, Tex., for appellant.

Hudson Smart, McMahon, Smart, Sprain, Wilson & Camp, Abilene, Tex., for appellee.

Before WHITAKER, Senior Judge, and RIVES and JONES, Circuit Judges.

RIVES, Circuit Judge:

This case arises out of a contract for the construction of Hubbard Creek Dam. The jury returned a special verdict upon which the Court entered judgment for the plaintiff in the amount of $3,369.35. This appeal involves three separate claims of the plaintiff1 for: (1) damages for delay of the construction by defendant's failure to provide the necessary rights of way; (2) additional compensation for excavation of a...

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