Legal Opinion
Jack Austin, D/B/A Jack Austin & Associates, Cross v. D. R. Parker and J. A. McAlpin D/B/A M&m Construction Co., Cross
Court of Appeals for the Fifth Circuit
Decided April 8, 1982No. 79-2948PublishedCited by 48 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This diversity appeal presents a number of factual issues as well as questions of contract law for our decision. Although we affirm many of the findings and conclusions of the distinguished trial judge, we find that he erred in a few respects, and so we remand for reconsideration to that extent.
I. Facts
In April, 1972, Jack Austin contracted with the U.S. Army Corps of Engineers to construct an 88-building, 260-unit family housing project at Fort Polk, Louisiana, for the sum of $5,746,830. Austin, an Oklahoma City, Oklahoma contractor, had extensive experience in…
2Cases cited29 opinions
- McAllister v. United StatesSupreme Court of the United States · 1954
- Jordan v. Travelers Insurance CompanySupreme Court of Louisiana · 1971
- Cities Service Helex, Inc. v. United StatesUnited States Court of Claims · 1976
- Louisiana Highway Commission v. FarnsworthCourt of Appeals for the Fifth Circuit · 1935
- Nat Harrison Associates, Inc. v. Gulf States Utilities CompanyCourt of Appeals for the Fifth Circuit · 1974
24 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- In the Matter of Robert P. Jordan, Debtor. Robert P. Jordan and Wesley Ann Jordan v. Southeast National BankCourt of Appeals for the Fifth Circuit · 1991
- Sevier v. United States Fidelity & Guar. Co.Supreme Court of Louisiana · 1986
- Versai Management Corp. v. Clarendon America InsuranceCourt of Appeals for the Fifth Circuit · 2010
- United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
- The United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation Commercial Union Insurance Co., a Massachusetts Corporation and Sandia Corporation, a New Mexico Corporation, D/B/A Sandia National Laboratories, United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- the United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Fred Sanchez Construction Company v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, DefendantsCourt of Appeals for the Tenth Circuit · 1987
43 more not listed; retrieve them via the Exa API.