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NATIONAL BRICK & SUPPLY COMPANY v. BAYLOR

Nos. 16338, 16339.

299 F.2d 454 (1962)

NATIONAL BRICK & SUPPLY COMPANY, Inc., a corporation, et al., Appellants, v. William E. BAYLOR et al., Trustees of Mount Joy Baptist Church, Appellees. Abraham GRUNSTEIN, Abraham Fix, and Louis Nadelman, Partners, t/a Columbia Building Products Company, Appellants, v. William E. BAYLOR et al., Trustees of Mount Joy Baptist Church, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 1, 1962.

Attorney(s) appearing for the Case

Mr. Mark P. Friedlander, Washington, D. C., with whom Messrs. Mark P. Friedlander, Jr., and Blaine P. Friedlander, Washington, D. C., were on the brief for appellant National Brick & Supply Co., Inc., in No. 16338, argued for all appellants in both cases.

Mr. George H. Windsor, Washington, D. C., with whom Mr. George E. C. Hayes, Washington, D. C., was on the brief, for appellees.

Mr. George Greenberg, Washington, D. C., was on the brief for appellants in No. 16339.

Mr. Dexter M. Kohn, Washington, D. C., was on the brief for appellant Hudson Supply & Equipment Co., in No. 16338.

Before EDGERTON, BAZELON and BASTIAN, Circuit Judges.

EDGERTON, Circuit Judge.

Areawide Building Corporation contracted with appellees, the trustees of Mount Joy Baptist Church, to make alterations and additions to the church building, payment to be made in installments as the work progressed. Areawide abandoned the work after several payments had been made. Article 10 of the contract provided: "Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the Owner,...

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