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AFFHOLDER, INC. v. SOUTHERN ROCK, INC.

No. 83-4420.

736 F.2d 1007 (1984)

AFFHOLDER, INC., a Missouri corporation, Plaintiff-Appellee, v. SOUTHERN ROCK, INC., a Mississippi corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing and Rehearing August 17, 1984.

Attorney(s) appearing for the Case

Butler, Snow, O'Mara, Stevens & Cannada, Thomas W. Prewitt, Jackson, Miss., for defendant-appellant.

Campbell & De Long, Fred C. DeLong, Jr., Greenville, Miss., Alan E. Popkin, St. Louis, Mo., for plaintiff-appellee.

Before CLARK, Chief Judge, and RUBIN and POLITZ, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc August 17, 1984.

ALVIN B. RUBIN, Circuit Judge:

A subcontractor who installed a tunnel as part of a sewer system seeks to recover from the contractor a sum almost six times the contract price because the location of the tunnel was changed from the place shown in the bid documents and the different subsoil and water invasion problems there encountered occasioned a vast increase in cost. The contractor resists...

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