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JAMISON CO., INC. v. WESTVACO CORP.

No. 74-3433.

526 F.2d 922 (1976)

JAMISON COMPANY, INC., Plaintiff-Appellee, v. WESTVACO CORPORATION, formerly West Virginia Pulp and Paper Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 15, 1976.

Attorney(s) appearing for the Case

Dean Booth, Michael C. Murphy, Atlanta, Ga., for defendant-appellant.

Gary N. Ackerman, Edward E. Dorsey, James H. Keaten, David M. Rapp, Atlanta, Ga., for plaintiff-appellee.

Before GOLDBERG and AINSWORTH, Circuit Judges, and NICHOLS, Associate Judge.

Rehearing and Rehearing En Banc Denied April 15, 1976. See 530 F.2d 34.

GOLDBERG, Circuit Judge:

The facts and issues in this litigation revolve around the construction of defendant Westvaco's pulp plant at Wickliffe, Kentucky. In the spring of 1969, the plaintiff, Jamison Company, and the defendant entered into two contracts, each covering a different construction phase, under which Jamison agreed to supply and install piping...

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