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GOLDBERG v. R.J. LONGO CONST. CO., INC.

No. 94-20470.

54 F.3d 243 (1995)

Billy B. GOLDBERG, Plaintiff, v. R.J. LONGO CONSTRUCTION CO., INC., Defendant-Third Party Plaintiff-Appellant, v. MID-CONTINENT CASUALTY CO., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 1995.

Attorney(s) appearing for the Case

Arthur V. Perkins, Sanford, Spellings, Kuhl & Perkins, Jennifer B. Hogan, Andrew L. Pickens, Fulbright & Jaworski, Houston, TX, for appellant.

David K. Anderson, Houston, TX, for appellee.

Before LAY, DUHÉ and DeMOSS, Circuit Judges.

LAY, Circuit Judge:

Southwest Crossing Joint Venture ("Southwest") contracted with R.J. Longo Construction Company ("Longo") to install two sewer lines and a force main for residential use in public easements adjacent to a tract of land in southwest Houston. Two months after commencing work on the project, Longo and Southwest had a dispute over the terms of the contract and Longo ceased work. Longo then filed a mechanic's and materialman's lien against the property...

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