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S & H CONTRACTORS v. A.J. TAFT COAL CO.

Nos. 87-7028, 88-8829.

906 F.2d 1507 (1990)

S & H CONTRACTORS, INC., a corporation, Plaintiff-Appellant, v. A.J. TAFT COAL COMPANY, INC., a corporation, Defendant-Appellee. A.J. TAFT COAL COMPANY, INC., Plaintiff-Appellee, v. S & H CONTRACTORS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 30, 1990.

Attorney(s) appearing for the Case

Michael T. Thornton, Dennis & Corry, Atlanta, Ga., L. Graves Stiff, III, M. Clay Ragsdale, IV, William A. Davis, III, Starnes & Atchison, Birmingham, Ala., for appellant.

J. Kevin Buster, Freddie Ray Stone, Jr., King & Spalding, Atlanta, Ga., Edward R. Jackson, Tweedy, Jackson & Beech, Jasper, Ala., for appellee.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and SMITH, Senior Circuit Judge.

TJOFLAT, Chief Judge:

S & H Contractors (S & H) appeals judgments entered, in two separate cases, by the District Court for the Northern District of Alabama and by the District Court for the Northern District of Georgia. The district court, in the first case, granted summary judgment in favor of A.J. Taft Coal Company (Taft) in a suit by S & H against Taft on a contract between those two parties. S & H appealed that judgment, but the appeal was stayed...

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