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MAYOR & CITY COUNCIL, ETC. v. CLARK-DIETZ, ETC.

No. EC 79-146-WK-P.

550 F.Supp. 610 (1982)

The MAYOR AND CITY COUNCIL OF the CITY OF COLUMBUS, MISSISSIPPI and Columbus Utility Commission, Plaintiffs, v. CLARK-DIETZ AND ASSOCIATES-ENGINEERS, INC. and Basic Construction Company, Defendants.

United States District Court, N.D. Mississippi, E.D.

November 10, 1982.

Attorney(s) appearing for the Case

DeWitt T. Hicks, Jr., Columbus, Miss., for plaintiffs.

A. James Anderson and William H. Stanhope, Atlanta, Ga., Fred M. Bush, Tupelo, Miss., and George Mackey, New York City, for Basic.

David L. Sanders, Columbus, Miss., and Ralph B. Powell, Jr., Philadelphia, Pa., for Clark-Dietz.

MEMORANDUM OPINION

KEADY, District Judge.

In this diversity action removed from the Chancery Court of Lowndes County, plaintiffs, the Mayor and City Council of the City of Columbus, Mississippi, and the Columbus Utility Commission (City), sue defendants, Clark-Dietz and Associates-Engineers, Inc. (Clark-Dietz) and Basic Construction Company (Basic), for damages resulting from the April 13, 1979, failure of a protective levee surrounding the construction...

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