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BOTT v. J.F. SHEA CO., INC.

No. 01-40848.

299 F.3d 508 (2002)

John BOTT, Plaintiff, Mid-Continent Casualty Company, Intervenor Plaintiff-Counter Defendant-Appellee, v. J.F. SHEA COMPANY, INCORPORATED; Shea/Keefe, Defendants-Third Party Plaintiffs-Counter Claimants-Appellants, v. Gulf Coast Grouting, Incorporated, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 2002.

Attorney(s) appearing for the Case

Marie K. Miller (argued), Christopher L. Burke, Miller & Burke, San Antonio, TX, for Intervenor Plaintiff-Counter Defendant-Appellee.

Louis Keith Slade (argued), Tucker, Hendryx, Taunton, Snyder & Slade, Houston, TX, for Defendants-Third Party Plaintiffs-Counter Claimants-Appellants.

John Michael Johanson (argued), Matthew R. Chaney, Johanson & Fairless, Sugar Land, TX for Third Party Defendant-Appellee.

Before KING, Chief Judge, and PARKER and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

I. Facts and Proceedings

This case arises out of a personal injury suit brought by John Bott ("Bott") against a joint venture known as Shea/Keefe and J.F. Shea Co., Inc. In an attempt to bid and win a construction project, J.F. Shea entered into a joint venture with L.J. Keefe Co.1 Shea/Keefe was awarded construction projects to build five portions of a sewer line for the City of Houston. Shea/Keefe hired...

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