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BATON ROUGE CONTRACTING CO. v. WEST HATCHIE DRAINAGE DISTRICT OF TIPPAH COUNTY, MISSISSIPPI

No. 29249.

436 F.2d 976 (1971)

BATON ROUGE CONTRACTING CO., Inc., Plaintiff-Appellant, v. WEST HATCHIE DRAINAGE DISTRICT OF TIPPAH COUNTY, MISSISSIPPI, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 26, 1971.

Attorney(s) appearing for the Case

Fred B. Smith, Ripley, Miss., for appellant.

James McClure, Sr., Sardis, Miss., for appellees.

Before JOHN R. BROWN, Chief Judge, and WISDOM and MORGAN, Circuit Judges.

PER CURIAM:

In this case the plaintiff-contractor sued to recover the value of certain alleged extra work performed pursuant to a contract for river channelization. In a detailed and well-reasoned opinion Judge Orma R. Smith denied the principal item of recovery by holding that the additional work was mere difficulty in performance which could have been foreseen before acceptance of the contract since defendants' plans and specifications adequately revealed the type...

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