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BARNARD CONST. CO., INC. v. CITY OF LUBBOCK

No. 05-10582.

457 F.3d 425 (2006)

BARNARD CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. CITY OF LUBBOCK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 2006.

Attorney(s) appearing for the Case

Donald M. Hunt (argued), Lawrence Matthew Doss, Mullin, Hoard & Brown, Lubbock, TX, for Plaintiff-Appellant.

Jeffrey Clay Hartsell (argued), Linda Lorraine Chamales, Asst. City Atty., Anita Elaine Burgess, City Atty., Lubbock, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and WIENER, and PRADO, Circuit Judges.

PER CURIAM:

I

Barnard Construction Co. ("Barnard") sued the City of Lubbock, Texas ("City") for breach of contract in the Northern District of Texas. The district court granted the City's motion for summary judgment, and Barnard appeals.

Barnard submitted the lowest bid for a pipeline construction contract to the City. The City hired an independent engineering company to act as "Engineer" for the project. The Engineer was responsible for, inter...

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