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RILEY-STABLER CONSTRUCTION COMPANY v. WESTINGHOUSE ELECTRIC CORPORATION

No. 24539.

401 F.2d 526 (1968)

RILEY-STABLER CONSTRUCTION COMPANY, a Division of Riley Lumber & Supply Company, Inc., et al., Appellants, v. WESTINGHOUSE ELECTRIC CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

September 27, 1968.

Attorney(s) appearing for the Case

James E. Clark, Birmingham, Ala., for appellants.

Trammell E. Vickery, Atlanta, Ga., Ralph H. Ford, Huntsville, Ala., for appellee.

Before RIVES and GODBOLD, Circuit Judges, and HUGHES, District Judge.

HUGHES, District Judge:

In Westinghouse's motion for rehearing it is its contention that the majority opinion of this Court is in conflict with Bruce Construction Corporation v. United States for Use of Westinghouse Electric Supply Company, 242 F.2d 873 (5th Cir. 1957).

An examination of Bruce reveals that it is a Miller Act case and one in which summary judgment was rendered...

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