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ASSOCIATED MECH. CONTR. v. MARTIN K. EBY CONST.

No. 00-10784.

271 F.3d 1309 (2001)

ASSOCIATED MECHANICAL CONTRACTORS, INC., Plaintiff-Counter-Defendant-Appellant, v. MARTIN K. EBY CONSTRUCTION COMPANY, INC., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 9, 2001.

Attorney(s) appearing for the Case

Martin R. Salzman, Stephen M. Phillips, Hendrick, Phillips, Schemm & Salzman, Atlanta, GA, for Associated Mechanical Contractors, Inc.

George D. Wenick, Smith, Currie & Hancock, LLP, Atlanta, GA, for Martin K. Eby Const. Co., Inc.

Before EDMONDSON, HILL and GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge:

Associated Mechanical Contractors, Inc., a subcontractor on a Georgia prison construction project, appeals from the district court's entry of summary judgment against it in its suit against the prime contractor on the project, Martin K. Eby Construction Company, Inc. Associated attacks the district court's holding that its claim for delay and inefficiency damages was barred because it failed to give Eby timely notice of its intent to...

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