Martin K Eby Const v. Dallas Area Rapid

United States Court of Appeals Fifth Circuit F I L E D REVISED MAY 18, 2004 April 29, 2004 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk No. 03-10728 MARTIN K EBY CONSTRUCTION COMPANY INC Plaintiff - Appellant v. DALLAS AREA RAPID TRANSIT Defendant - Appellee Appeal from the United States District Court for the Northern District of Texas Before KING, Chief Judge, and BENAVIDES and CLEMENT, Circuit Judges. KING, Chief Judge: Plaintiff-Appellant Martin K. Eby Construction Company, Inc. (Eby) appeals the district court’s judgment dismissing its action…