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BURTON-DIXIE CORP. v. TIMOTHY McCARTHY CONST. CO.

No. 30455 Summary Calendar.

436 F.2d 405 (1971)

BURTON-DIXIE CORPORATION, Plaintiff-Appellee, v. TIMOTHY McCARTHY CONSTRUCTION COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 14, 1971.

Attorney(s) appearing for the Case

J. Corbett Peek, Jr., J. Robert Hardcastle, Atlanta, Ga., for defendant-appellant.

Robert L. Pennington, Henry B. Troutman, Jr., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

This appeal is from the district court's order denying the alternative motions of Timothy McCarthy Construction Company for a new trial or for judgment notwithstanding the jury verdict rendered in favor of Burton-Dixie Corporation. We affirm.

In 1960 Burton-Dixie Corporation engaged Timothy McCarthy Construction Company to construct a building in Blacksburg, South Carolina. Burton-Dixie furnished...

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