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CROLL-REYNOLDS CO. v. PERINI-LEAVELL-JONES-VINELL

No. 24346.

399 F.2d 913 (1968)

CROLL-REYNOLDS CO., Inc., et al., Appellants, v. PERINI-LEAVELL-JONES-VINELL et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 18, 1968.

Certiorari Denied January 20, 1969.

Attorney(s) appearing for the Case

Felix H. Lapeyre of Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., Nelson Littell, Jr., New York City, Jennings Bailey, Jr., of Bailey, Stephens & Heuttig, Washington, D. C., for appellants.

George M. Thurmond, Del Rio, Tex., Jarrett Ross Clark, Chicago, Ill., William A. Denny, Milwaukee, Wis., for appellees, F. Kristen Koepcke, Milwaukee, Wis., of counsel.

Before JONES and GODBOLD, Circuit Judges, and SCOTT, District Judge.

Certiorari Denied January 20, 1969. See 89 S.Ct. 688.

JONES, Circuit Judge:

The appellants are the owners of patents for methods and apparatus for the cooling of concrete ingredients and mixes. The appellees are contractors or subcontractors engaged in the construction of a portion of the Amistad Dam across the Rio Grande River for the United States. The construction contract required that concrete, when deposited in the forms, should have a temperature of...

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