GULF STATES CREOSOTING CO. v. LOVING

Nos. 4737, 4738.

120 F.2d 195 (1941)

GULF STATES CREOSOTING CO. v. LOVING et al. SAME v. TIDEWATER CONST. CORPORATION et al.

Circuit Court of Appeals, Fourth Circuit.

May 22, 1941.


Attorney(s) appearing for the Case

William B. Campbell, of Wilmington, N. C. (L. J. Poisson and E. K. Bryan, both of Wilmington, N. C., on the brief), for appellant Gulf States Creosoting Co.

Kenneth C. Royall, of Raleigh, N. C., for appellees Loving and others.

Kenneth C. Royall, of Raleigh, N. C., and Charles E. Ford, of Washington, D. C. (Philip W. Murray, of Newport News, Va., on the brief), for appellees Tidewater Const. Corp.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

These companion cases grow out of two contracts of Gulf States Creosoting Company, defendant below, to furnish creosoted piling and lumber to the Tidewater Construction Corporation and to T. A. Loving, trading as T. A. Loving & Company, later T. A. Loving & Company, a corporation, respectively, to enable them to construct certain parts of the Albemarle Sound Bridge which they had agreed to build under contracts with the State Highway...

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