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IN RE GERALD HARRIS BUILDER, INC.

No. 90-2299.

927 F.2d 1067 (1991)

In re GERALD HARRIS BUILDER, INC., Debtor. GERALD HARRIS BUILDER, INC., Appellant, v. JOMAC CONSTRUCTION CO., INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 14, 1991.

Attorney(s) appearing for the Case

David T. Lumerman and Michael A. Gross, St. Louis, Mo., for appellant.

Robert E. McWilliams, Jr. and Carolyn M. Kopsky, St. Louis, Mo., for appellee.

Before FAGG, SNEED, and LOKEN, Circuit Judges.

SNEED, Circuit Judge:

This case arises out of a construction contract for road work in the state of Missouri. Jomac Construction Company, the general contractor for the project, subcontracted the excavation work to Gerald Harris Builder, Inc. ("GHB"). The present suit arose in the bankruptcy court because GHB filed for bankruptcy in 1987.

When Jomac and GHB negotiated their contract, the parties did not know how much rock GHB would encounter in its excavation...

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