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E. C. ERNST, INC. v. GENERAL MOTORS CORPORATION

No. 72-2201.

482 F.2d 1047 (1973)

E. C. ERNST, INC., Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION and the Whiting-Turner Contracting Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 24, 1973.

Attorney(s) appearing for the Case

Glower W. Jones, Aubrey L. Coleman, Jr., Atlanta, Ga., for plaintiff-appellant.

R. Byron Attridge, Joseph B. Haynes, Atlanta, Ga., Ross L. Malone, Detroit, Mich., for Gen. Motors Corp.

Charles T. Lester, Jr., James P. Groton, Atlanta, Ga., for Whiting-Turner.

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

JOHN R. BROWN, Chief Judge:

The question is whether summary judgment should have been granted below against an electrical subcontractor1 in an action seeking damages for breach of contract against the general contractor2 and the owner.3 The trial court concluded that the action was barred because Plaintiff below had failed to comply with the notice provision in the contract under...

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