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BOYD CONSTRUCTION COMPANY v. T. L. JAMES & COMPANY, INC.

No. 72-1582.

477 F.2d 34 (1973)

BOYD CONSTRUCTION COMPANY, Plaintiff-Appellee-Cross Appellant, v. T. L. JAMES & COMPANY, INC., Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

April 17, 1973.

Attorney(s) appearing for the Case

William S. Stone, New Orleans, La., Dorrance Aultman, Hattiesburg, Miss., for defendant-appellant-cross appellee.

Vardaman S. Dunn, Jackson, Miss., for plaintiff-appellee-cross appellant.

Before AINSWORTH and GODBOLD, Circuit Judges, and RUBIN, District Judge.

AINSWORTH, Circuit Judge:

This diversity action stems from a dredging subcontract between plaintiff Boyd Construction Company and defendant T. L. James & Company, Inc. The District Judge decided that James delayed an unreasonable time in completing the subcontract and awarded damages to Boyd. The District Judge denied, as unsupported by the evidence, James's counterclaims (1) for additional quantum meruit compensation due to the difficulties of dredging...

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