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NICHOLAS ACOUSTICS, ETC. v. H & M CONST. CO., INC.

Nos. 81-4489 to 81-4492.

695 F.2d 839 (1983)

NICHOLAS ACOUSTICS & SPECIALTY COMPANY, et al., Plaintiffs-Appellees, v. H & M CONSTRUCTION COMPANY, INC. and Insurance Company of North America, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 17, 1983.

Attorney(s) appearing for the Case

Christopher A. Shapley, Jackson, Miss., Lee J. Chase, III, Memphis, Tenn., for defendants-appellants.

Barry K. Cockrell, Jackson, Miss., for other interested parties.

Robert B. Sessums, Bobby B. DeLaughter, Jackson, Miss., for plaintiffs-appellees.

Before GOLDBERG, GEE and HIGGINBOTHAM, Circuit Judges.

GOLDBERG, Circuit Judge:

These are four consolidated appeals from four related summary judgments against a general contractor in four actions in diversity by four subcontractors suing the general contractor for breach of their subcontracts. Though the results are not the same, the legal issues are identical and the factual circumstances are closely related, so we will treat all four cases together in this opinion.

I. BACKGROUND

A. Facts<...

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