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U.S. EX REL CMC STEEL FABRICATORS, INC. v. HARROP CONST. CO.

Civil Action No. C-96-38.

131 F.Supp.2d 882 (2000)

The UNITED STATES of America for the USE AND BENEFIT of CMC STEEL FABRICATORS, INC., v. HARROP CONSTRUCTION COMPANY, INC. and The Glens Falls Insurance Company v. Commercial Metals Company.

United States District Court, S.D. Texas, Corpus Christi Division.

December 21, 2000.

Attorney(s) appearing for the Case

James F. McKibben, Jr., Barger Hermansen et al, Corpus Christi, TX, William W. Sommers, Gardner & Ferguson, San Antonio, TX, R. Wes Johnson, Carabin Shaw and Johnson, San Antonio, TX, Jay K. Farwell, San Antonio, TX, for The United States of America for the Use and Benefit of CMC Steel Fabricators, Inc.

David D. Peden, Jr., Allison J. Snyder, Greenberg Peden et al, Houston, TX, for Harrop Construction Co., Inc., The Glens Falls Ins. Co.

William W. Sommers, Gardner & Ferguson, San Antonio, TX, R. Wes Johnson, Carabin Shaw and Johnson, San Antonio, TX, for Commercial Metals Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HEAD, District Judge.

Introduction

Harrop Construction Company, Inc. ("Harrop") served as a contractor to the United States Navy to build two facilities in 1995 at the Naval Air Station in Ingleside, Texas. These facilities are the Advanced Firefighting Training Facility ("AFT") and the Fleet Mine Warfare Center ("FMW"). During the same time, Texas A & M University had engaged Harrop as a contractor...

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