J. A. JONES CONST. CO. v. ENGLERT ENG. CO.

Nos. 20381, 20382.

438 F.2d 3 (1971)

J. A. JONES CONSTRUCTION COMPANY, Third Party Plaintiff-Appellee, v. ENGLERT ENGINEERING COMPANY, Third Party Defendant-Appellant. MISSOURI PORTLAND CEMENT COMPANY, Plaintiff-Appellee, v. J. A. JONES CONSTRUCTION COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

January 12, 1971.


Attorney(s) appearing for the Case

J. C. Dale, Jr., Nashville, Tenn., Bailey, Ewing, Dale & Conner, Nashville, Tenn., on the brief; Fleming, Robinson & Bradshaw, Charlotte, N. C., of counsel for J. A. Jones Const. Co.

J. O. Bass, Nashville, Tenn., T. G. Pappas, Nashville, Tenn., Robert S. Allen, St. Louis, Mo., on the brief; Bass, Berry & Sims, Nashville, Tenn., Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., of counsel, for Missouri Portland Cement Co.

Robert W. Sturdivant, Nashville, Tenn., David M. Keeble, Nashville, Tenn., on the brief; Hooker, Keeble, Dodson & Harris, Trabue, Minick, Sturdivant & Harbison, Nashville, Tenn., of counsel, for Englert Engineering Co.

Before TOM C. CLARK, Associate Justice, PHILLIPS, Chief Judge, and JOHN W. PECK, Circuit Judge.


CLARK, Associate Justice.

This is an appeal from the judgment of the United States District Court for the Middle District of Tennessee awarding damages of $279,917.33 to Missouri Portland Cement Company, plaintiff-appellee (Missouri), against the J. A. Jones Construction Company, defendant-appellant (Jones), for breach of contract. The latter agreed to construct a cement terminal at Nashville, Tennessee, for Missouri according to the terms and specifications of a...

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