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DALLAS-FORT WORTH, ETC. v. COMBUS. EQUIP. ASSOC.

No. 78-2781.

623 F.2d 1032 (1980)

DALLAS-FORT WORTH REGIONAL AIRPORT BOARD, a Joint Agency of the City of Dallas, Texas, and the City of Fort Worth, Texas, Plaintiff-Appellee Cross-Appellant, v. COMBUSTION EQUIPMENT ASSOCIATES, INC. and Fidelity and Deposit Company of Maryland, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 13, 1980.

Attorney(s) appearing for the Case

Harold Hoffman, Donald C. McCleary, Dallas, Tex., for Combustion Equipment Co.

James K. Peden, III, Frank L. Skillern, Jr., Dallas, Tex., for Fidelity and Deposit Co. of Maryland.

Charles C. Wells, C. Merrill Bierfeld, Asst. City Attys., Dallas, Tex., for plaintiff-appellee cross-appellant.

Before FAY, KRAVITCH and RANDALL, Circuit Judges.

FAY, Circuit Judge:

This diversity action arose from a construction contract dispute between the Dallas-Fort Worth Regional Airport Board (Board) and Combustion Equipment Associates, Inc. (CEA). CEA had contracted to build an incinerator to burn the airport's solid wastes, but failed to fulfill its contractual obligations by the date initially specified in the written contract. The Board sued CEA for reimbursement of the payments made to CEA during the course of construction...

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