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NATCO, INC. v. WILLIAMS BROTHERS ENGINEERING COMPANY

No. 73-1604.

489 F.2d 639 (1974)

NATCO, INC., Plaintiff-Appellee-Cross Appellant, v. WILLIAMS BROTHERS ENGINEERING COMPANY, et al., Defendants-Third Party Plaintiffs-Appellants-Cross Appellees, v. SANTA FE PIPE LINE COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 28, 1974.

Attorney(s) appearing for the Case

Roy C. Snodgrass, Jr., Amarillo, Tex., John S. Estill, Jr., Tulsa, Okl., for Williams Bros. Engineering Co. and others.

Robert L. Templeton, R. C. Hamilton, Amarillo, Tex., for Natco.

Albert S. Tabor, James W. McCartney, Houston, Tex., J. L. McMicken, Amarillo, Tex., for Santa Fe.

Before BELL, COLEMAN and RONEY, Circuit Judges.

BELL, Circuit Judge:

This appeal and cross-appeal are from a judgment for plaintiff Natco, Inc. and against Williams Brothers Engineering Company in a suit based on diversity jurisdiction. Only one issue of substance is presented: Was the proof of loss of profits on the Odessa job sufficient to warrant submission of the claim to the jury? The other assignments of error will be stated and affirmed without extended discussion.

The suit presented a claim for...

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