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KANAWHA VALLEY BANK v. NELLO L. TEER COMPANY

Civ. A. Nos. 1563, 1566.

128 F.Supp. 325 (1955)

The KANAWHA VALLEY BANK, a corporation, and the Raleigh County Bank, a corporation, Plaintiffs, v. NELLO L. TEER COMPANY, a corporation, Defendant and third-party Plaintiff; The Aetna Casualty & Surety Company, a corporation, and S. A. Furrow et al., third-party Defendants.

United States District Court, S. D. West Virginia, Charleston Division.

January 4, 1955.

Attorney(s) appearing for the Case

Jackson, Kelly, Holt & Moxley, Thomas B. Jackson, Andrew L. Blair, Gary Joe Triplett, Charleston, W. Va., for plaintiff Kanawha Valley Bank.

Ross & Ross, Charles T. Ross, Jr., Beckley, W.Va., for plaintiff Raleigh County Bank.

Kay, Casto & Chaney, Robert H. C. Kay, Vincent Chaney, Charleston, W. Va., for Nello L. Teer Co., defendant and third-party plaintiff.

Steptoe & Johnson, Stanley C. Morris, Charles B. Gates, Jr., Charleston, W. Va., for Aetna Casualty & Surety Co., third-party defendant.

O. L. Hedrick, Beckley, W. Va., for S. A. Furrow, third-party defendant.

MOORE, Chief Judge.

Plaintiffs sue in separate actions, later consolidated, as assignees of one S. A. Furrow. Furrow was a sub-contractor of defendant, which was employed as contractor to do certain work for the West Virginia Turnpike Commission in the construction of the Charleston-Princeton Turnpike. A brief summary of the material facts giving rise to the claims is as follows:

Plaintiff The Kanawha Valley Bank being the sub-assignee of plaintiff The Raleigh...

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