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GUY JAMES CONST. CO. v. TRINITY INDUSTRIES

No. 80-1322.

650 F.2d 93 (1981)

GUY JAMES CONSTRUCTION COMPANY, Plaintiff-Appellee Cross-Appellant, v. TRINITY INDUSTRIES, INC., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

July 8, 1981.

Attorney(s) appearing for the Case

Locke, Purnell, Boren, Laney & Neely, John L. Estes, Wm. Andrew Barr, Thomas W. Hughes, Dallas, Tex., for defendant-appellant, cross-appellee.

Andress, Woodgate & Lodewick, William Andress, Jr., Dallas, Tex., for plaintiff-appellee, cross-appellant.

Before CHARLES CLARK and GEE, Circuit Judges, and SPEARS, District Judge.

ON PETITIONS FOR REHEARING

(Opinion May 8, 1981, 5 Cir. 1981, 644 F.2d 525)

PER CURIAM:

Both parties petition this Court for a rehearing. Trinity Industries, Inc. raises, for the first time, the Uniform Commercial Code as a bar to recovery of the "time/price differential" of steel awarded to James as damages. Generally, an appellate court does not consider issues that are first presented in an application for rehearing...

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