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CHARBONNAGES DE FRANCE v. SMITH

No. 77-2205.

597 F.2d 406 (1979)

CHARBONNAGES DE FRANCE, Appellant, v. Frank B. SMITH, Juanita Smith, Frank Smith, Jr., Smith Brothers Construction Company and Continental Coal Sales Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1979.

Attorney(s) appearing for the Case

Roger W. Tompkins, Charleston, W. Va. (Bowles, McDavid, Graff & Love, Charleston, W. Va., Edward R. Leydon, Bernstein & McCarthy, New York City, on brief), for appellant.

Robert H. C. Kay (George S. Sharp, Kay, Casto & Chaney, Charleston, W. Va., on brief), for Frank B. Smith, Juanita Smith and Frank Smith, Jr.

John A. Neatherton, Xenia, Ohio (Rudolph L. DiTrapano, Charleston, W. Va., on brief), for Smith Brothers Const. Co. and Continental Coal Sales Corp.

Before BRYAN, Senior Circuit Judge, and WIDENER and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge:

Plaintiff appeals from the grant of summary judgment in favor of three individual and two corporate defendants against whom it had brought a diversity action alleging breach of contract and tortious interference with contractual relationships. The district court concluded as a matter of law that on certain undisputed facts before it on the defendants' motions for summary judgment no contract had come into existence between the alleged contracting...

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