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HAUG v. GERSTEN CONSTRUCTION COMPANY

No. 8290.

289 F.2d 616 (1961)

Otto HAUG, T/A Southeastern Floor Company, Plaintiff, Appellee, v. GERSTEN CONSTRUCTION COMPANY, Defendant, Cross-Claimant and Third-Party-Plaintiff, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Third-Party-Defendant and Cross-Claimant, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 9, 1961.

Attorney(s) appearing for the Case

Jacob Shearer, Beverly Hills, Cal., and John Thorpe Richards, Alexandria, Va. (Clarke, Richard, Moncure & Whitehead, Alexandria, Va., Shearer & Fields, Beverly Hills, Cal., and Bernard Shearer, Beverly Hills, Cal., on brief), for defendant-appellant, Gersten Construction Co.

Benj. W. Dulany, Washington, D. C. (Douglas, Obear & Campbell, Washington, D. C., on brief), for plaintiff-appellee, Otto Haug.

Jackson, Gray & Jackson, and John W. Jackson, Washington, D. C., on brief for third-party defendant-appellee, U. S. Fidelity and Guaranty Co.

Before SOPER and HAYNSWORTH, Circuit Judges, and HARRY E. WATKINS, District Judge.

HARRY E. WATKINS, District Judge.

This is an appeal from a judgment on a jury verdict in a contract action brought by Appellee Otto Haug, as a flooring subcontractor, against Appellant Gersten Construction Company, the general contractor, for breach of the flooring subcontract. Gersten's answer alleged that Haug had failed to comply with the terms of the subcontract and that the termination was therefore proper under the subcontract. Gersten also counter-claimed for...

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