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MISSOURI PORTLAND CEMENT CO. v. J. A. JONES CONST. CO.

Civ. A. No. 4509.

323 F.Supp. 242 (1970)

MISSOURI PORTLAND CEMENT COMPANY, Plaintiff, v. J. A. JONES CONSTRUCTION COMPANY, Defendant, and Third-Party Plaintiff, v. ENGLERT ENGINEERING COMPANY, Third-Party Defendant.

United States District Court, M. D. Tennessee, Nashville Division.

February 5, 1970.

Attorney(s) appearing for the Case

T. G. Pappas, J. O. Bass, Bass, Berry & Sims, Nashville, Tenn., Robert Allen, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for plaintiff.

James C. Dale, Jr., Bailey, Ewing, Dale & Conner, Nashville, Tenn., for defendant-third party plaintiff.

David M. Keeble, Hooker, Keeble, Dodson & Harris, Robert W. Sturdivant, Trabue, Minick, Sturdivant & Harbison, Nashville, Tenn., for third party defendant.

MEMORANDUM

FRANK GRAY, Jr., Chief Judge.

Plaintiff, Missouri Portland Cement Company (hereinafter Missouri), brought this action for $283,9641 against defendant-general contractor, J. A. Jones Construction Company (hereinafter Jones), for breach of contract in failing to erect the steel cement storage silos of the Nashville Cement Terminal in accordance with the contract plans and in failing to perform the contractor's guarantee...

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