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NOONAN CONST. CO., INC. v. WARREN BROS. CO.

No. 79-2401.

632 F.2d 1189 (1980)

NOONAN CONSTRUCTION COMPANY, INC., Plaintiff-Appellant Cross-Appellee, v. WARREN BROTHERS COMPANY, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

December 15, 1980.

Attorney(s) appearing for the Case

David W. Mockbee, Jackson, Miss., for Noonan Const. Co., Inc.

Pat H. Scanlon, Jackson, Miss., for Warren Bros. Co.

Before COLEMAN, Chief Judge, RUBIN and WILLIAMS, Circuit Judges.

PER CURIAM:

In August 1976 Noonan Construction, Inc., bid on a contract to pave a ten mile stretch of U.S. Highway 49, south of Yazoo City, Mississippi. The bid, based partly on cost estimates for sand and gravel to be supplied by Warren Brothers Company, was the lowest offered and Noonan was awarded the contract. As hereinafter appears, the contract experience turned out not to be all peaches and cream.

In late 1976, after preliminary discussions, Warren...

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