United States Fifth Circuit

Summary judgment for defendant-city in a suit brought by a construction company for breach of contract is affirmed over claims that: 1) the city's decision to pay for all rock excavated was a final, conclusive decision pursuant to a contract; and 2) that the contract was unambiguous in its terms requiring payment of all rock excavated, or alternatively, that it was ambiguous thereby warranting reversal of summary judgment.

Appellate Information

• Decided 07/20/2006
• Published 07/21/2006

Judges

• PER CURIAM:, Before JONES, Chief Judge, and WIENER, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Donald M. Hunt (argued), Lawrence Matthew Doss, Mullin, Hoard & Brown, Lubbock, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Jeffrey Clay Hartsell (argued), Linda Lorraine Chamales, Asst. City Atty., Anita Elaine Burgess, City Atty., Lubbock, TX, for Defendant-Appellee.