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SOUTHWESTERN SHEET METAL WORKS v. C. H. LEAVELL & CO.

No. 5811.

414 S.W.2d 723 (1967)

SOUTHWESTERN SHEET METAL WORKS, INC., et al., Appellants and Cross-Appellees, v. C. H. LEAVELL & COMPANY et al., Appellees and Cross-Appellants, Filtron Company, Inc., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied May 10, 1967.

Attorney(s) appearing for the Case

Peticolas, Luscombe & Stephens, Wayne Windle, Jr., El Paso, for appellants.

Collins, Langford, Pine & Woodard, El Paso, for Filtron Co., Inc.

Kemp, Smith, White, Duncan & Hammond, William J. Derrick, El Paso, for Leavell & Co. and others.

OPINION

CLAYTON, Justice.

On March 21, 1963, C. H. Leavell & Company of El Paso, Texas, (herein known as "Leavell") entered into a contract with the United States Government, through the Army Corps of Engineers, for the construction of certain radar facilities at White Sands Missile Range in New Mexico known as the "ZMAR" Facility or project. Leavell subcontracted the mechanical portion of the work to Brown...

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