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LONDON v. TROITINO BROTHERS, INCORPORATED

No. 8384.

301 F.2d 116 (1962)

H. W. LONDON and Nina E. London, t/a London Construction Company, Appellees, v. TROITINO BROTHERS, INCORPORATED, Joe Troitino and Tom Troitino, Appellants.

United States Court of Appeals Fourth Circuit.

Decided March 21, 1962.

Attorney(s) appearing for the Case

C. B. Andrews and J. Livingston Dillow, Pearisburg, Va. (Dillow & Andrews, Pearisburg, Va., on the brief), for appellants.

Bentley Hite, Christiansburg, Va., for appellees.

Before BOREMAN, BRYAN and BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

The plaintiffs, H. W. London and Nina E. London, trading as London Construction Company, brought this action in the District Court for the Western District of Virginia against the corporate defendant, Troitino Brothers, Incorporated, and the individual defendants, Joe and Tom Troitino. They alleged that they had entered into a written contract on December 17, 1956, to grade, excavate and move earth and rocks on the Blue Ridge Parkway...

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