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VULCAN PAINTERS, INC. v. MCI CONSTRUCTORS, INC.

Nos. 93-6988, 93-7061.

41 F.3d 1457 (1995)

VULCAN PAINTERS, INC. dba Vulcan Group, The, Plaintiff-Appellee, Cross-Appellant, v. MCI CONSTRUCTORS, INC., Defendant-Appellant, Cross-Appellee. VULCAN PAINTERS, INC. dba Vulcan Group, The, Plaintiff-Appellee, v. MCI CONSTRUCTORS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 6, 1995.

Attorney(s) appearing for the Case

William R. Lucas, Jr., Lightfoot, Franklin White & Lucas, Birmingham, AL, Thomas B. Newell, Charlie C.H. Lee, Watt, Tieder, Killian & Hoffar, McLean, VA, for appellant.

Richard H. Monk III, E. Mabry Rogers, Susan Donovan Josey, Bradley, Arant, Rose & White, Birmingham, AL, for appellee.

Before HATCHETT and ANDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

DYER, Senior Circuit Judge:

This appeal concerns a contract dispute between Vulcan Painters, Inc., a subcontractor, and MCI Constructors, Inc., the primary contractor for a project owned by the Washington Suburban Sanitary Commission. The issue raised by MCI on appeal concerns the introduction of parol evidence, to vary the terms of the Change Order and a Release which MCI claims were unambiguous. The cross-appeal by Vulcan raises the issue of the dismissal of its...

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