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ROBERTS & SCHAEFER CO. v. HARDAWAY CO.

No. 97-2664.

152 F.3d 1283 (1998)

ROBERTS & SCHAEFER CO., Plaintiff-Counter-Defendant-Appellee, Cross-Appellant, v. HARDAWAY CO., a Georgia corporation, Defendant-Counter-Claimant, Appellant-Cross-Appellee. HARDAWAY CO., a foreign corporation, Plaintiff-Appellant, Cross-Appellee, v. ROBERTS & SCHAEFER COMPANY, a foreign corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 31, 1998.

Attorney(s) appearing for the Case

John H. Rains, III, Annis, Mithcell, Cockey, Edwards & Roehn, P.A., Tampa, FL, Richard T. Earle, Jr., Earle & Earle, St. Petersburg, FL, Joseph B. Haynes, John C. Richter, Robert R. Ambler, Jr., King & Spalding, Atlanta, GA, for Hardaway Co.

Stephen O. Decker, Charles Thomas Davidson, McWhirter, Reeves, McGlothlin, Davidson, Riff & Bakas, P.A., Tampa, FL, for Roberts & Schaefer Co.

Before DUBINA and MARCUS, Circuit Judges, and CLARK, Senior Circuit Judge.

MARCUS, Circuit Judge:

This diversity case arises out of three contracts between Roberts & Schaefer Company ("R & S"), a general contractor, and The Hardaway Company ("Hardaway"), a sub-contractor, concerning construction of a phosphate beneficiation plant for Mobil Mining & Minerals Co. ("Mobil"). Following a jury trial before the magistrate judge, the court entered judgment for Hardaway on two of the contracts, and judgment for R & S on the third...

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