489 F.2d 639 (5th Cir. 1974), 73-1604, Natco, Inc. v. Williams Bros. Engineering Co.
|Citation:||489 F.2d 639|
|Party Name:||NATCO, INC., Plaintiff-Appellee-Cross Appellant, v. WILLIAMS BROTHERS ENGINEERING COMPANY, et al., Defendants-Third Party Plaintiffs-Appellants-Cross Appellees, v. SANTA FE PIPE LINE COMPANY, Third Party Defendant-Appellee.|
|Case Date:||February 13, 1974|
|Court:||United States Courts of Appeals, Court of Appeals for the Fifth Circuit|
Rehearing Denied March 28, 1974.
Roy C. Snodgrass, Jr., Amarillo, Tex., John S. Estill, Jr., Tulsa, Okl., for Williams Bros. Engineering Co. and others.
Robert L. Templeton, R. C. Hamilton, Amarillo, Tex., for Natco.
Albert S. Tabor, James W. McCartney, Houston, Tex., J. L. McMicken, Amarillo, Tex., for Santa Fe.
Before BELL, COLEMAN and RONEY, Circuit Judges.
BELL, Circuit Judge:
This appeal and cross-appeal are from a judgment for plaintiff Natco, Inc. and against Williams Brothers Engineering Company in a suit based on diversity jurisdiction. Only one issue of substance is presented: Was the proof of loss of profits on the Odessa job sufficient to warrant submission of the claim to the jury? The other assignments of error will be stated and affirmed without extended discussion.
The suit presented a claim for an intentional tort. Plaintiff's cause of action, amply supported by proof, was that defendant Williams Brothers Engineering Company willfully and maliciously interfered with plaintiff's performance of a contract with Santa Fe Pipe Line Company.
The suit, as originally instituted, included a count against Santa Fe on a claim arising under the contract and another count against The Williams Companies and its assignee, Williams Brothers Engineering Company (Williams Brothers), for damages arising out of the alleged intentional tort. The claim against Santa Fe was settled and the complaint was amended to eliminate Sante Fe as a defendant.
Santa Fe was engaged in constructing a liquified petroleum gas pipeline system called 'The Chapparal System' running from Hobbs, new Mexico to Houston, Texas. Santa Fe contracted with The Williams Companies to furnish engineering services on the job and to supervise the construction of the system. Williams assigned all its interest in the contract to Williams Brothers Engineering Company. Meanwhile, Santa Fe had contracted with plaintiff to construct two portions of the pipeline, one portion known as the 'Conroe Job' being approximately 66...
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