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COUNTRY (SOCIAL) CLUB OF SAVANNAH, INC. v. SUTHERLAND

No. 26647 Summary Calendar.

411 F.2d 599 (1969)

The COUNTRY (SOCIAL) CLUB OF SAVANNAH, INC., (formerly known as German Country Club), Plaintiff-Appellee, v. S. J. SUTHERLAND and Paul L. Sutherland, Individually and as a Partnership, d/b/a S. J. Sutherland & Son, Defendant-Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 16, 1969.

Attorney(s) appearing for the Case

John M. Brennen, Savannah, Ga., for appellants.

Frank O. Downing, James Edward McAleer, Jr., Savannah, Ga., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

S. J. Sutherland & Son, the appellant, contracted to make certain repairs to the swimming pool of the Country Club of Savannah. While the pool was drained in order for these repairs to be made, underground water pressure pushed the pool out of the ground, causing the pool's sides and bottom to crack. The pool would not have "floated" and cracked if one of its water pressure release pipes had not been capped. The issue in the court below was whether...

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