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CENTEX CONSTRUCTION CO. v. JAMES

No. 18524.

374 F.2d 921 (1967)

CENTEX CONSTRUCTION CO., Inc., Appellant, v. Worth JAMES, d/b/a Worth James Construction Co., and the Fidelity and Casualty Company of New York, Appellees.

United States Court of Appeals Eighth Circuit.

March 30, 1967.

Attorney(s) appearing for the Case

Leon B. Catlett, of Catlett & Henderson, Little Rock, Ark., for appellant. Catlett & Henderson, Little Rock, Ark., were on the brief.

Herschel H. Friday, of Smith, Williams, Friday & Bowen, Little Rock, Ark., for appellee. James W. Moore, Little Rock, Ark., was with him on the brief.

Before MATTHES, LAY and HEANEY, Circuit Judges.

LAY, Circuit Judge.

Worth James Construction Co. sought declaratory relief pursuant to Tit. 28 U.S.C. § 2201 for recision of a construction subcontract to be performed in New Orleans, Louisiana. Appellant Centex was the general contractor under a contract with the City of New Orleans. Centex filed a counterclaim, joining appellee's bonding company, for $104,372.19, this amount being the excess it claimed in expense and cost of reletting the subcontract because...

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