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NOLAND COMPANY v. GRAVER TANK & MANUFACTURING CO.

No. 8434.

301 F.2d 43 (1962)

NOLAND COMPANY, Incorporated, Defendant and Third-Party Plaintiff, Appellee and Cross-Appellant, v. GRAVER TANK & MANUFACTURING COMPANY, Third-Party Defendant, Appellant and Cross-Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 19, 1962.

Attorney(s) appearing for the Case

Joseph R. Young, Charleston, S. C. (Hagood, Rivers & Young, Charleston, S. C., on the brief) for appellee and cross-appellant, Noland Company, Incorporated.

Charles H. Gibbs, Charleston, S. C. (Sinkler, Gibbs & Simons, Charleston, S. C., on the brief) for appellant and cross-appellee, Graver Tank & Manufacturing Company.

Before SOPER, BOREMAN and BRYAN, Circuit Judges.

BOREMAN, Circuit Judge.

Ruscon Construction Company, a South Carolina corporation, brought this action for damages for breach of contract against the Noland Company, Inc., a Virginia corporation, which in turn filed a third-party complaint against Graver Tank & Manufacturing Company, a Delaware corporation. Trial was had before the court without a jury. It was ordered that Ruscon was entitled to recover $13,065 from Noland, and Noland was awarded the same amount...

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