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MILLGARD CORP. v. McKEE/MAYS

No. 87-1140.

831 F.2d 88 (1987)

MILLGARD CORPORATION, Plaintiff-Appellant, v. McKEE/MAYS, a Joint Venture, Dallas County and the Commissioners Court of Dallas County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 2, 1987.

Attorney(s) appearing for the Case

Walter O. Koch, Martha B. Goodloe, Troy, Mich., for Millgard Corp.

Stanley W. Curry, Jr., Joe F. Canterbury, Jr., Dallas, Tex., for McKee/Mays.

Earl Luna, Robert E. Luna, Dallas, Tex., for Dallas County.

Before REAVLEY, POLITZ, and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 2, 1987.

EDITH H. JONES, Circuit Judge:

Millgard Corporation ("Millgard") appeals from the dismissal of its complaints against McKee/Mays, a Joint Venture ("McKee/Mays") and Dallas County. We reverse.

Dallas County contracted with McKee/Mays for the construction of the Lew Sterrett Justice Center in 1978, and McKee/Mays subsequently awarded Millgard the caisson foundations subcontract for the project...

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