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E. C. ERNST, INC. v. MANHATTAN CONST. CO. OF TEX.

Civ. A. No. 6340-70-T.

387 F.Supp. 1001 (1974)

E. C. ERNST, INC., Plaintiff, v. MANHATTAN CONSTRUCTION COMPANY OF TEXAS et al., Defendants, v. MANHATTAN CONSTRUCTION COMPANY OF TEXAS, Plaintiff by Counterclaim, v. E. C. ERNST, INC., et al., Defendants by Counterclaim.

United States District Court, S. D. Alabama, S. D.

December 11, 1974.

Attorney(s) appearing for the Case

Willis C. Darby, Jr., Mobile, Ala., for Providence Hospital.

Glower W. Jones, Smith, Currie & Hancock, Atlanta, Ga., Edward S. Sledge, III, Gallalee, Denniston & Edington, Mobile, Ala., Arthur Friedman, Tanner & Friedman, New York City, for E. C. Ernst, Inc.

David M. Thornton, Thornton & Stamper, Tulsa, Okl., for Manhattan Const. Co. of Texas.

Maurice Bishop, Bishop & Carlton, Clarence L. McDorman, Jr., London, Yancey, Clark & Allen, Birmingham, Ala., for Charles H. McCauley Associates, Inc.

Louis E. Braswell, Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., for Fairbanks-Morse, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

DANIEL HOLCOMBE THOMAS, District Judge.

HISTORY OF CASE

1. This proceeding should serve for years to come as a classic example of the economic futility of litigation of this nature and the need for settlement of such controversies.

2. In 1967, Providence Hospital of Mobile (Providence), a Catholic hospital operated by the Sisters of Charity, decided to substantially expand its facilities and to renovate...

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