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SEA BYTE, INC. v. HUDSON MARINE MANAGEMENT SERVICES, INC.

No. 08-14069.

565 F.3d 1293 (2009)

SEA BYTE, INC., Plaintiff, Hudson Marine Management Services, Inc., Plaintiff-Appellant Cross-Appellee, v. HUDSON MARINE MANAGEMENT SERVICES, INC., Defendant, Thomas Miller (Miami), Inc., Thomas Miller P&I Ltd., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 20, 2009.

Attorney(s) appearing for the Case

Scott Andrew Wagner, Moore & Co., P.A., Coral Gables, FL, for Hudson Marine Management Services, Inc.

John D. Kimball, Blank Rome LLP, New York City, for Thomas Miller (Miami), Inc.

Jack A. Greenbaum, Blank Rome, LLP, New York City, Andrew W. Anderson, Houck Anderson, P.A., Miami, FL, for Thomas Miller P&L, Ltd.

Before BARKETT and FAY, Circuit Judges, and TRAGER, District Judge.

FAY, Circuit Judge:

This case arises out of a fixed-price contract between Appellant Hudson Marine Management Services, Inc. ("Hudson") and Appellee Thomas Miller ("Miller") in which Miller hired Hudson to restore a damaged underwater reef. Before Hudson could complete the restoration, the area experienced a series of hurricanes which expanded the scope of the project. Hudson never finished the job, and Hudson and Miller...

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