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HOWARD HILL, INC. v. GEORGE A. FULLER COMPANY, INC.

No. 72-1954.

473 F.2d 217 (1973)

HOWARD HILL, INC., Plaintiff-Appellant, v. GEORGE A. FULLER COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 30, 1973.

Attorney(s) appearing for the Case

Thomas R. Burnside, Jr., Augusta, Ga., Paul J. Walstad, Vienna, Va., for plaintiff-appellant.

Samuel C. Waller, Augusta, Ga., Luther P. House, Jr., Kent P. Smith, Atlanta, Ga., for defendants-appellees.

Before RIVES, THORNBERRY and GOLDBERG, Circuit Judges.

THORNBERRY, Circuit Judge:

George A. Fuller Company (Fuller), as prime contractor, contracted with the Richmond County Hospital Authority to build a university hospital in Augusta, Georgia. By a subcontract with Fuller, Howard Hill, Inc. (Hill) agreed to supply labor and materials for the hospital project. During construction of the hospital a dispute arose between Hill and Fuller, and because of it Hill brought this diversity...

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