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ARKANSAS GRAVEL CO. v. WILLIAMS ENGINEERING SERVICE

No. 4478.

5 F.2d 22 (1925)

ARKANSAS GRAVEL CO. v. WILLIAMS ENGINEERING SERVICE, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 15, 1925.

Attorney(s) appearing for the Case

Joe T. Robinson and J. W. House, Jr., both of Little Rock, Ark., G. Garland Lyell, of Jackson, Miss., and C. T. Coleman, of Little Rock, Ark., for plaintiff in error.

D. R. Barnett, J. G. Holmes, and C. D. Williams, all of Yazoo City, Miss., for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

There is very little or no dispute as to the material facts in this case. It appears that the defendant in error, hereafter referred to as the Engineering Company, had a contract to build a stretch of concrete road in Mississippi of about four miles, with three bridges, and entered into a contract with the plaintiff in error, hereafter called the Gravel Company, to furnish the necessary sand and gravel for the work. The material was to be obtained...

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