Centex Construction Co., Inc. v. Worth James, D/B/A Worth James Construction Co., and the Fidelity and Casualty Company of New York

LAY, Circuit Judge.

Worth James Construction Co. sought declaratory relief pursuant to Tit. 28 U.S.C. § 2201 for recision of a construction subcontract to be performed in New Orleans, Louisiana. Appellant Centex was the general contractor under a contract with the City of New Orleans. Centex filed a counterclaim, joining appellee’s bonding company, for $104,-372.19, this amount being the excess it claimed in expense and cost of reletting the subcontract because of appellee’s refusal to perform. The district court heard evidence and made findings of fact, holding in favor of the appellees. The…