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TYGER CONST. CO. INC. v. PENSACOLA CONST. CO.

Nos. 92-2502, 92-2503.

29 F.3d 137 (1994)

TYGER CONSTRUCTION COMPANY INCORPORATED, a South Carolina Corporation, individually and for the use and benefit of Tyger-Pensacola Joint Venture, Plaintiff-Appellant, v. PENSACOLA CONSTRUCTION COMPANY, a Delaware Corporation, Defendant-Appellee. TYGER CONSTRUCTION COMPANY INCORPORATED, a South Carolina Corporation, individually and for the use and benefit of Tyger-Pensacola Joint Venture, Plaintiff-Appellee, v. PENSACOLA CONSTRUCTION COMPANY, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1994.

Attorney(s) appearing for the Case

ARGUED: Samuel W. Hixon, III, Williams, Mullen, Christian & Dobbins, Richmond, VA, for appellant. Richard W. Miller, Miller Law Firm, P.C., Kansas, MO, for appellee. ON BRIEF: William R. Mauck, Jr., Williams, Mullen, Christian & Dobbins, Richmond, VA, for appellant. Weston A. Sechtem, Miller Law Firm, P.C., Kansas City, MO, for appellee.

Before WILKINS, Circuit Judge, and SPROUSE and CHAPMAN, Senior Circuit Judges.

Reversed and remanded with instructions by published opinion. Senior Circuit Judge CHAPMAN wrote the opinion, in which Judge WILKINS and Senior Circuit Judge SPROUSE joined.

OPINION

CHAPMAN, Senior Circuit Judge:

The parties to this action formed a joint venture in 1985, its primary purpose being the construction of bridge supports in the James River. When the cost of the project grossly exceeded initial estimates, Tyger Construction Co., Inc. (...

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