AUSTIN v. PARKER

No. 79-2948.

672 F.2d 508 (1982)

Jack AUSTIN, d/b/a Jack Austin & Associates, Plaintiff-Appellee Cross Appellant, v. D. R. PARKER and J. A. McAlpin, d/b/a M&M Construction Co., et al., Defendants-Appellants Cross Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

April 8, 1982.


Attorney(s) appearing for the Case

Michael S. Fawer, Matthew H. Greenbaum, New Orleans, La., for defendants-appellants cross appellees.

Stockwell, Sievert & Viccellio, Emmett C. Sole, Lake Charles, La., for plaintiff-appellee cross appellant.

Before BROWN, WISDOM and RANDALL, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

This diversity appeal presents a number of factual issues as well as questions of contract law for our decision. Although we affirm many of the findings and conclusions of the distinguished trial judge, we find that he erred in a few respects, and so we remand for reconsideration to that extent.

I. Facts

In April, 1972, Jack Austin contracted with the U.S. Army Corps of Engineers to construct an 88-building, 260...

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