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MOORE BROS. CO. v. BROWN & ROOT, INC.

Nos. 99-1232 to 99-1237.

207 F.3d 717 (2000)

MOORE BROTHERS COMPANY, Plaintiff-Appellee, v. BROWN & ROOT, INCORPORATED, Defendant-Appellant, and Highlands Insurance Company, Defendant, and Toll Road Investors Partnership II, L.P., Third Party Defendant. Moore Brothers Company, Plaintiff-Appellee, v. Highlands Insurance Company, Defendant-Appellant, and Brown & Root, Incorporated, Defendant, and Toll Road Investors Partnership II, L.P., Third Party Defendant. Moore Brothers Company, Plaintiff-Appellant, v. Brown & Root, Incorporated; Highlands Insurance Company, Defendants-Appellees, and Toll Road Investors Partnership II, L.P., Third Party Defendant. Lane Construction Corporation, Plaintiff-Appellee, v. Brown & Root, Incorporated, Defendant-Appellant, and Highlands Insurance Company, Defendant, and Toll Road Investors Partnership II, L.P.; State Street Bank & Trust Company of Connecticut, NA; Banque Nationale De Paris, New York Branch, Third Party Defendants. Lane Construction Corporation, Plaintiff-Appellee, v. Highlands Insurance Company, Defendant-Appellant, and Brown & Root, Incorporated, Defendant, and Toll Road Investors Partnership II, L.P.; State Street Bank & Trust Company of Connecticut, NA; Banque Nationale De Paris, New York Branch, Third Party Defendants. Lane Construction Corporation, Plaintiff-Appellant, v. Brown & Root, Incorporated; Highlands Insurance Company, Defendants-Appellees, and Toll Road Investors Partnership II, L.P.; State Street Bank & Trust Company of Connecticut, NA; Banque Nationale De Paris, New York Branch, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 2000.

Attorney(s) appearing for the Case

ARGUED: Daniel J. Kraftson, Shumate, Kraftson & Sparrow, P.C., Reston, Virginia, for Appellants. Robert Emmett Scully, Jr., Rees, Broome & Diaz, P.C., Vienna, Virginia, for Appellees. ON BRIEF: Charles L. Shumate, Shumate, Kraftson & Sparrow, P.C., Reston, Virginia; Thomas M. Brownell, Holland & Knight, L.L.P., Falls Church, Virginia, for Appellants. Raymond J. Diaz, Joseph F. Jackson, Rees, Broome & Diaz, P.C., Vienna, Virginia, for Appellees.

Before MURNAGHAN and WILKINS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed in part, reversed in part, and remanded by published opinion. Judge MURNAGHAN wrote the opinion, in which Senior Judge HAMILTON joined. Judge WILKINS wrote an opinion concurring in part and dissenting in part.

OPINION

MURNAGHAN, Circuit Judge:

This case arises out of the construction of the Dulles Toll Road Extension, a privately owned and operated toll road connecting Dulles Airport and Leesburg, Virginia. Two issues are raised on appeal...

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