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GARY STEEL PRODUCTS CORPORATION v. KITCHIN

90 S.E.2d 120 (1955)

197 Va. 471

GARY STEEL PRODUCTS CORPORATION v. J. F. KITCHIN, Trading as Norfolk Contracting Company.

Supreme Court of Appeals of Virginia.

November 28, 1955.

Attorney(s) appearing for the Case

Rixey & Rixey, Norfolk, for plaintiff in error.

Gordon E. Campbell, George H. Gray, Norfolk, for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH, and WHITTLE, JJ.

SMITH, Justice.

This is an appeal by Gary Steel Products Corporation, herein referred to as Gary, from an order of the trial court dismissing its motion for judgment against J. F. Kitchin, trading as Norfolk Contracting Company, herein referred to as Kitchin. In its order the trial court held that Gary was precluded from prosecuting the claim asserted in its motion for judgment on the ground that Gary had "attempted to split its cause of action." The correctness of...

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