BUCK CREEK INDUSTRIES, INC. v. ALCON CONST., INC.

No. 77-3078.

631 F.2d 75 (1980)

BUCK CREEK INDUSTRIES, INC., Plaintiff-Appellee, v. ALCON CONSTRUCTION, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1981.


Attorney(s) appearing for the Case

W. B. Hairston, Jr., Birmingham, Ala., for Alcon Construction.

C. Stephen Trimmier, Albert C. Swain, Birmingham, Ala., for Robert L. Martin Bldg. Co.

Lawrence B. Clark, Charles C. Pinckney, Birmingham, Ala., for plaintiff-appellee.

Before WISDOM, TJOFLAT and REAVLEY, Circuit Judges.


TJOFLAT, Circuit Judge:

The appellants, Alcon Construction Company and Robert B. Martin Building Company, contend that the district court committed numerous errors in the proceedings below. We find, however, that our resolution of a single issue is dispositive of the case: whether the district court should have accepted appellants' defense of res judicata. Because we find that it should have accepted this defense, we reverse.

The facts relevant to the res...

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