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T.L. JAMES & CO., INC. v. TRAYLOR BROS. INC.

No. 00-30773.

294 F.3d 743 (2002)

T.L. JAMES & COMPANY, INC., Plaintiff, v. TRAYLOR BROS. INC.; et al., Defendants, Traylor Brothers, Inc., Defendant-Third Party Plaintiff-Appellant, v. Board of Commissioners of the Port of New Orleans, Defendant-Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 2002.

Attorney(s) appearing for the Case

Robert E. Winn (argued), Sharon Cormack Mize, Sessions, Fishman & Nathan, New Orleans, LA, for Traylor Brothers, Inc.

Richmond M. Eustis (argued), Eustis, O'Keefe & Gleason, New Orleans, LA, for Board of Com'rs of Port of New Orleans.

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Plaintiff-Appellant, Traylor Brothers, Inc. ("Traylor"), appeals from the district court's final judgment and order denying Traylor additional compensation for alleged extra work performed pursuant to a construction contract between Traylor and Defendant-Appellee, the Board of Commissioners of the Port of New Orleans ("Port"). For the reasons stated herein, we affirm.

FACTS AND PROCEDURAL BACKGROUND

On April 6, 1994...

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