Brown & Root, Inc., Appellant-Appellee v. Gifford-Hill & Company, Inc., Appellee-Appellant

CONNALLY, District Judge.

The appellant Brown & Root was the prime contractor, with the U. S. Army Engineers, for the construction of certain locks upon the Mississippi River re ferred' to as the Old River Navigation. Locks. Brown & Root contracted with Lake Pearl Sand & Gravel Co. to purchase its sand, and gravel needs from that company. Most of the materials were available to Lake Pearl from its own pits, but it was necessary that Lake Pearl purchase gravel to meet certain specifications from appellee Gifford-Hill & Co., Inc. It is the purchase price of this gravel which gives rise to the…