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LICHTER v. BOWATERS SOUTHERN PAPER CORPORATION

148 A.2d 671 (1959)

Jacob LICHTER and Jennie L. Lichter, Partners t/a Southern Fireproofing Company, Plaintiffs Below, Appellants, v. BOWATERS SOUTHERN PAPER CORPORATION, Defendant Below, Appellee. BOWATERS SOUTHERN PAPER CORPORATION, Defendant Below, Appellant, v. Jacob LICHTER and Jennie L. Lichter, Partners t/a Southern Fireproofing Company, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

February 26, 1959.

Attorney(s) appearing for the Case

H. James Conaway, Jr., of Morford, Young & Conaway, Wilmington, and Paul W. Steer, of Steer, Strauss & Adair, Cincinnati, Ohio, for appellants and cross-appellees.

Richard F. Corroon, of Berl, Potter & Anderson, Wilmington, for appellee and cross-appellant.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

This case grows out of the construction of a large paper mill at Calhoun, Tennessee.

Plaintiff, Southern Fireproofing Company ("Southern"), was the subcontractor for the masonry work. Defendant, Bowaters Southern Paper Corporation, was the owner. The general contractor was Fraser, Brace & Roane-Anderson ("Fabroan"). Fabroan acted, however,...

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