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WORTHINGTON CORP. v. CONSOLIDATED ALUMINUM CORP.

No. 75-3058.

544 F.2d 227 (1976)

WORTHINGTON CORPORATION, Plaintiff-Appellee, Appellant, v. CONSOLIDATED ALUMINUM CORPORATION (formerly Gulf Coast Aluminum Corporation), and Parish of Calcasieu, State of Louisiana, Defendants-Appellants, Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 24, 1977.

Attorney(s) appearing for the Case

Robert W. Clements, Lake Charles, La., for defendants-appellants, appellees.

Frank J. Peragine, James A. Burton, New Orleans, La., A. Lane Plauche, Lake Charles, La., for plaintiff-appellee, appellant.

Before GOLDBERG, SIMPSON and GEE, Circuit Judges.

GEE, Circuit Judge:

Relying on diversity jurisdiction, Worthington Corporation filed suit in Louisiana federal district court to recover the balance of the contract price for construction of a power plant for Consolidated Aluminum Corporation.1 Under the contract between the parties, Worthington was responsible for both designing and constructing an isolated power plant to meet all of Consolidated's energy needs for an aluminum manufacturing...

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