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E. C. ERNST, INC. v. GENERAL MOTORS CORP.

No. 75-1147.

537 F.2d 105 (1976)

E. C. ERNST, INC., Plaintiff-Appellant, v. GENERAL MOTORS CORP., and the Whiting-Turner Contracting Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 16, 1976.

Attorney(s) appearing for the Case

Aubrey L. Coleman, Jr., Glower W. Jones, Atlanta, Ga., for plaintiff-appellant.

Joseph B. Haynes, R. Byron Attridge, Atlanta, Ga., Ross L. Malone, Detroit, Mich., for General Motors.

Sutherland, Asbill & Brennan, James P. Groton, Charles T. Lester, Jr., Atlanta, Ga., for Whiting-Turner Cont. Co.

Before THORNBERRY and AINSWORTH, Circuit Judges, and HOFFMAN, District Judge.

AINSWORTH, Circuit Judge:

This is the second appeal in a Georgia diversity action brought on a construction contract by appellant, E. C. Ernst, Inc., against General Motors and its general contractor for the project, Whiting-Turner. As the electrical subcontractor, Ernst sought $134,451 in damages allegedly resulting from construction delays which disrupted the performance of its contractual obligations.

In our first decision, we vacated the summary judgment...

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