WESTINGHOUSE ELECTRIC SUP. CO. v. WESLEY CONSTRUCTION CO.

No. 25410.

414 F.2d 1280 (1969)

WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a Division of Westinghouse Electric Corporation, Appellant, v. WESLEY CONSTRUCTION COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 6, 1969.


Attorney(s) appearing for the Case

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

Clyde Trammell, Jr., Wesley G. Carey, Edward A. Perse, Patton & Kanner, Miami, Fla., for appellees, Wesley Const. Co. and Aetna Cas. & Sur. Co.

Carey, Dwyer, Austin, Cole & Selwood, Miami, Fla., for Continental Cas. Co.

Before AINSWORTH and SIMPSON, Circuit Judges, and SINGLETON, District Judge.


SINGLETON, District Judge:

This is an appeal from the District Court's order dismissing appellant's complaint against each of three appellees for failure to state a claim upon which relief could be granted. Based upon the allegations contained in appellant's complaint and the action taken in the Court below, the history of the case may be summarized briefly as follows.

In June of 1963, Wesley Construction Company...

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