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BROOKHAVEN LANDSCAPE & GRADING CO. v. J. F. BARTON CONTRACTING

No. 81-7059.

676 F.2d 516 (1982)

BROOKHAVEN LANDSCAPE & GRADING CO., INC., Plaintiff-Appellee, v. J. F. BARTON CONTRACTING COMPANY and United States Fidelity and Guaranty Co., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 17, 1982.

Attorney(s) appearing for the Case

Warren O. Wheeler, Mary J. Workman, Atlanta, Ga., for defendants-appellants.

Stokes & Shapiro, J. Ben Shapiro, Jr., Sidney Haskins, Atlanta, Ga., for plaintiff-appellee.

Before MORGAN, TJOFLAT and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge:

The defendants J. F. Barton Contracting Company and United States Fidelity and Guaranty Company appeal from a jury verdict and award in favor of the plaintiff Brookhaven Landscaping & Grading Company, Inc., in the amount of $39,045.50. The substance of Brookhaven's diversity claim now on appeal is that Barton breached an oral agreement to pay for excavating work in excess of work Brookhaven had already agreed to perform under the terms...

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