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YEARGIN CONST. v. PARSONS & WHITTEMORE, ETC.

No. 78-3348.

609 F.2d 829 (1980)

YEARGIN CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. PARSONS & WHITTEMORE ALABAMA MACHINERY & SERVICES CORP. and Parsons & Whittemore, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 14, 1980.

Attorney(s) appearing for the Case

James E. Clark, Birmingham, Ala., for defendants-appellants.

M. R. Nachman, Jr., Joel E. Dillard, Montgomery, Ala., Haynsworth, Perry, Bryant, Marion & Johnstone, Joseph J. Blake, Jr., Greenville, S. C., for plaintiff-appellee.

Before COLEMAN, Chief Judge, RONEY and FAY, Circuit Judges.

PER CURIAM:

Parsons & Whittemore Alabama Machinery & Services Corp. (Parsons) contracted for construction by Yeargin Construction Co. (Yeargin) of a pulp mill in Claiborne, Alabama. Work was begun in 1977 and continued until October 6, 1978, when Parsons terminated Yeargin's services and ordered it off the job because of a dispute as to the timeliness and quality of construction. Yeargin sued Parsons in the district court on October 9, 1978, alleging breach...

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