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ROSS v. IMPERIAL CONST. CO., INC.

No. 76-3206.

572 F.2d 518 (1978)

Christopher W. ROSS, Individually and d/b/a 4R Ornamental Iron Company, et al., Plaintiffs-Appellees, v. IMPERIAL CONSTRUCTION COMPANY, INC. and Imperial Group, Ltd., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 5, 1978.

Attorney(s) appearing for the Case

I. David Cherniak, Horace Moon, Jr., Mobile, Ala., for Imperial Group, Ltd.

Irving Silver, Mobile, Ala., for C. Ross et al.

George W. Oglesby, Mobile, Ala., for D. W. Coleman, etc.

Daniel A. Pike, Mobile, Ala., for Temp Control, Inc.

Before TUTTLE, COLEMAN and CLARK, Circuit Judges.

TUTTLE, Circuit Judge:

The question presented on appeal is whether, under Alabama law,1 appellees are entitled to recover from Imperial Group, Ltd. sums due and owing under subcontracts with Imperial Construction Co. The district court, following a consolidated trial without a jury, entered judgments against Imperial Group on the theory that appellees2 were third party beneficiaries of a "Completion Guarantee...

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