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INTERNATIONAL ERECTORS v. WILHOIT STEEL ERECTORS & R. SERV.

No. 24867.

400 F.2d 465 (1968)

INTERNATIONAL ERECTORS, INC., Appellant, v. WILHOIT STEEL ERECTORS & RENTAL SERVICE, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 18, 1968.

Attorney(s) appearing for the Case

Richard E. Reckson, Eugene C. Heiman, of Heiman & Crary, Miami, Fla., for appellant.

Melvin T. Boyd, James E. Tribble, Miami, Fla., Blackwell, Walker & Gray, Miami, Fla., for appellee, Wilhoit Steel Erectors & Rental Service.

John H. Moore, II, Edward J. Marko, Fort Lauderdale, Fla., Mendez, Shaw & Moore, Fort Lauderdale, Fla., for appellee, Southern Engineering Co.

Before TUTTLE and GOLDBERG, Circuit Judges, and HOOPER, District Judge.

GOLDBERG, Circuit Judge.

This is a case of frustration arising out of unilateral and unarticulated contract expectations. The two questions presented here are (1) whether the contract between International Erectors, Inc., and Wilhoit Steel Erectors & Rental Service which subcontracted the work to International imposed any duty upon Wilhoit to supply materials according to certain specifications and in a particular sequence...

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