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GENERAL ELEC. SUPPLY CO. v. UTLEY-JAMES OF TEXAS

No. 87-1877.

857 F.2d 1010 (1988)

GENERAL ELECTRIC SUPPLY CO., Plaintiff-Appellee, v. UTLEY-JAMES OF TEXAS, INC. and Aetna Casualty and Surety Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 17, 1988.

Attorney(s) appearing for the Case

O. Luke Davis, III, Baker, Mills & Glast, Dallas, Tex., for defendants-appellants.

Jerry L. Carlton, Matthews, Carlton & Stein, Dallas, Tex., for plaintiff-appellee.

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

GARZA, Circuit Judge:

Under review here is a decision by the United States District Court for the Northern District of Texas that General Electric Supply Company (GESCO) gave timely notice to defendant Utley-James of Texas, Inc. (Utley) under the McGregor Act (TEX.REV.CIV.STAT.ANN. art. 5160 (Vernon 1971 and Supp.1987)) for claims that GESCO made against Utley. Also under review is the district court's conclusion that GESCO neither waived its right to recovery nor...

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