Thomas Construction Co. v. Kelso Marine, Inc.

R. LANIER ANDERSON, III, Circuit Judge:

This case arises out of a construction project which was also implicated in our earlier opinion in Montgomery Industries International, Inc. v. Thomas Construction Co., 620 F.2d 91 (5th Cir. 1980). The issues in that case and in the instant case are similar. For the reasons explained below, we conclude that our opinion in Montgomery controls this case.

Appellant Thomas Construction Co., Inc. is a general contractor. Appellee-cross-appellant Kelso Marine, Inc. is a ready-mix concrete supplier on Galveston Island, Texas. In late 1973, Thomas decided to bid…