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NAT HARRISON ASSOCIATES, INC. v. GULF STATES UTILITIES CO.

No. 73-1013.

491 F.2d 578 (1974)

NAT HARRISON ASSOCIATES, INC., Plaintiff-Appellee, v. GULF STATES UTILITIES COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 1, 1974.

Attorney(s) appearing for the Case

C. W. Phillips, Baton Rouge, La., for defendant-appellant.

James E. Glass, John Robert Terry, Miami, Fla., Carlos G. Spaht, Baton Rouge, La., for plaintiff-appellee.

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

Rehearing and Rehearing En Banc Denied May 1, 1974.

AINSWORTH, Circuit Judge:

This appeal by Gulf States Utilities Company arises from a diversity suit by Nat Harrison Associates, Inc., against appellant, seeking damages of $1,200,000 resulting from claims for acceleration and breach of a construction contract and for retainage held under the contract.

The district court granted partial summary judgment, with respect to the retainage, which judgment...

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