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COLUMBIA GAS CONST. CO. v. HOLBROOK

No. 6877.

81 F.2d 417 (1936)

COLUMBIA GAS CONST. CO. v. HOLBROOK. In re ASHLAND CONST. CO.

Circuit Court of Appeals, Sixth Circuit.

As Modified on Denial of Rehearing March 5, 1936.

Attorney(s) appearing for the Case

Harold A. Ritz, of Charleston, W. Va. (Dysard & Tinsley and W. H. Dysard, all of Ashland, Ky., and B. J. Pettigrew, of Charleston, W. Va., on the brief), for appellant.

Le Wright Browning, of Ashland, Ky. (George B. Martin, of Catlettsburg, Ky., Browning & Davis, of Ashland, Ky., Martin & Smith, of Catlettsburg, Ky., and Malone Prichard, of Ashland, Ky., on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The appellant's grievance is that the court below construed a written contract when by the plain meaning of its terms construction was not required, and that, even if ambiguous, its construction was erroneous.

The Ashland Construction Company, as contractor, undertook to dig and back fill a trench for a 20-inch high pressure gas line being constructed by the Columbia Company for a distance of 18 or more miles through rough and hilly...

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