RADCLIFF MATERIALS, INC. v. GAINES P. WILSON & SON, INC.

No. 71-1584.

451 F.2d 1385 (1971)

RADCLIFF MATERIALS, INC., Plaintiff-Appellee, v. GAINES P. WILSON & SON, INC., Defendant-Third Party Plaintiff-Appellee, Cross Appellant, v. STATE OF LOUISIANA through the Department of Highways, Third Party Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 30, 1971.


Attorney(s) appearing for the Case

Jesse S. Guillot, New Orleans, La., Marshall W. Wroten, Philip K. Jones, Norman L. Sisson, Baton Rouge, La., for plaintiff-appellee.

Frank J. Peragine, A. R. Christovich, Jr., New Orleans, La., J. Manson Murray, Mobile, Ala., Christovich & Kearney, New Orleans, La., for Gaines P. Wilson & Son, Inc., defendant-third party plaintiff, appellee and cross appellant; Vickers, Riis, Murray & Curran, Mobile, Ala., and Deutsch, Kerrigan & Stiles, New Orleans, La., of counsel.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


BELL, Circuit Judge:

This appeal by the State of Louisiana Highway Department is taken from a determination of ultimate liability against the state in favor of Radcliff Materials, Inc. for additional compensa-ordered by the state under a construction for increased quantities of work tion contract. We affirm.

In 1959, Radcliff's predecessor, a subcontractor, entered a contract to furnish base material for highway...

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