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BEAUMONT v. EXCAVATORS & CONSTRUCTORS

No. 09-92-029 CV.

870 S.W.2d 123 (1993)

The CITY OF BEAUMONT and Southwestern Bell Telephone Company, Appellants, v. EXCAVATORS & CONSTRUCTORS, INC., Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Overruled February 3, 1994.

Dissenting Opinion February 10, 1994.

Attorney(s) appearing for the Case

Tyrone Cooper, Asst. City Atty., Bruce W. Cobb, Beaumont, Deborah Heaton McElvaney, Dillard, McElvaney & Kovach, Houston, Cheryl D. Oleson, Wells, Peyton, Beard, Greenberg, Hunt & Crawford, Beaumont, for appellants.

Robert Scott, Goforth, Lewis, Scott & Williams, Houston, Thomas W. Duesler, Adams, Coffey & Duesler, L.L.P., Wm. E. Heaner, Jr., Gulf State Utilities Co., Beaumont, Clint W. Lewis, Lewis and Henry, Beaumont, for appellee.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

Dissenting Opinion of Justice Burgess February 10, 1994.

OPINION

BROOKSHIRE, Justice.

In March of 1988, Excavators & Constructors, Inc., (Excavators) filed suit against The City of Beaumont (City), Southwestern Bell Telephone Company (Bell), Gulf States Utilities, Inc. (GSU), Fittz & Shipman, Inc. (Fittz), and Liberty T.V. Cable, Inc. (Cable), for inefficiency and delay damages allegedly suffered by Excavators in the performance of a contract...

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