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EDENFIELD ELECTRIC COMPANY v. D & A EQUIPMENT COMPANY

No. 71-2962.

461 F.2d 1074 (1972)

EDENFIELD ELECTRIC COMPANY, Plaintiff-Appellant, v. D & A EQUIPMENT COMPANY et al., Defendants-Appellees, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Third Party Defendant.

United States Court of Appeals, Fifth Circuit.

June 27, 1972.

Attorney(s) appearing for the Case

L. Tennent Lee, III, Bell, Richardson, Cleary, McLain & Tucker, Huntsville, Ala., for plaintiff-appellant.

Lawrence B. Clark, Charles A. Powell, III, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for defendants-appellees.

Before GEWIN, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

The posture of this case may best be stated by repeating the recitations of the judgment of the District Court:

"Plaintiff herein seeks recovery of the value of labor, materials, and supplies furnished in the prosecution of work under a subcontract between plaintiff and defendant, D & A Equipment Company, and damages for lost profit for breach of the subcontract. Defendant, D & A Equipment Company, by way of a counterclaim seeks damages...

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