No. 83-3424. Summary Calendar.

727 F.2d 540 (1984)

OWL CONSTRUCTION CO., INC., Plaintiff-Appellant, v. RONALD ADAMS CONTRACTOR, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 23, 1984.

Attorney(s) appearing for the Case

H.P. Rowley, III, New Orleans, La., for plaintiff-appellant.

Hulse, Nelson & Wanek, John A. Stewart, New Orleans, La., for defendants-appellees.

Before REAVLEY, RANDALL and WILLIAMS, Circuit Judges.


Plaintiff Owl Construction Company, Inc. ("Owl") appeals the dismissal of its complaint for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). We reverse and remand.

Owl, a subcontractor on a federal construction project in Lafourche Parish, Louisiana, hired Ronald Adams Contractor, Inc. ("Contractor") to deliver 5,000 cubic yards of sand for the project.1 After making delivery, Contractor...

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