JONES v. CHANEY & JAMES CONSTRUCTION COMPANY

No. 24940.

399 F.2d 84 (1968)

W. Stanley JONES and Thomas E. Walker, partners d/b/a Stanley Jones Company, Appellants, v. CHANEY & JAMES CONSTRUCTION COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

August 12, 1968.


Attorney(s) appearing for the Case

Morris K. Sirote, Birmingham, Ala., for appellants.

Allen Poppleton, James L. North, Birmingham, Ala., for appellee.

Before THORNBERRY, AINSWORTH and DYER, Circuit Judges.


THORNBERRY, Circuit Judge:

Appellee entered into a contract ("the prime contract") with the United States of America, acting through the Corps of Engineers, for the construction of a rocket test facility at the Marshall Space Flight Center, Huntsville, Alabama. Shortly thereafter, appellee entered into a subcontract with appellants on a unit price basis ($1.00 per cubic yard for excavation; $1.25 per cubic yard for "borrow") for a portion of appellee's work under...

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