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H. B. ZACHRY COMPANY v. TRAVELERS INDEMNITY COMPANY

No. 24576.

391 F.2d 43 (1968)

H. B. ZACHRY COMPANY, Appellant, v. The TRAVELERS INDEMNITY COMPANY et al., Appellees. MILES AND SONS, INC., et al., Appellants, v. H. B. ZACHRY COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 2, 1968.

Attorney(s) appearing for the Case

Chester H. Johnson, San Antonio, Tex., Stanley P. Wilson, Abilene, Tex., for appellants.

Gordon Johnson, San Francisco, Cal., Josh H. Groce, San Antonio, Tex., for appellees.

Before TUTTLE, GEWIN and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

H. B. Zachry Company was the prime contractor on construction for the United States government of Twin Buttes Dam, near San Angelo, Texas. The major work of the project was a mammoth earth-fill embankment eight miles long with a maximum height of 130 feet. To prevent erosion from wave action of impounded waters a layer of rock fragments known as "riprap" was to be furnished and placed on the upstream slope of the dam. Zachry subcontracted the...

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