MARBURY-PATTILLO CONST. CO., INC. v. BAYSIDE WAREHOUSE CO.

No. 72-1863.

490 F.2d 155 (1974)

MARBURY-PATTILLO CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. BAYSIDE WAREHOUSE COMPANY, Defendant-Third Party Plaintiff-Appellant. v. The AETNA CASUALTY AND SURETY COMPANY, Third Party Defendant-Fourth Party Plaintiff-Appellee, v. D. H. MARBURY, III, and A. F. Pattillo, et al., Fourth Party Defendants.

United States Court of Appeals, Fifth Circuit.

February 25, 1974.


Attorney(s) appearing for the Case

Carl J. Schumacher, Jr., Earl S. Eichin, Jr., New Orleans, La., L. Vastine Stabler, Jr., Birmingham, Ala., for defendant-third party plaintiff-appellant.

W. S. Pritchard, Jr., Birmingham, Ala., for Marbury-Pattillo.

James E. Clark, Birmingham, Ala., for Aetna Cas. & Sur. Co.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


COLEMAN, Circuit Judge:

After a thirteen day jury trial, this warmly contested diversity litigation resulted in a judgment for $60,000 in favor of Marbury-Pattillo Construction Company, Inc., [Marbury] against Bayside Warehouse Company, Inc., [Bayside] as the balance due and unpaid for the construction of four steel 500,000 bushel capacity grain storage tanks on the Mississippi River at Reserve, Louisiana. Although strongly urged to the contrary, we detect no reversible...

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