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AMERICAN CAST IRON PIPE COMPANY v. McKOY-HELGERSON COMPANY

No. 9197.

329 F.2d 152 (1964)

AMERICAN CAST IRON PIPE COMPANY, Appellee, v. McKOY-HELGERSON COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 6, 1964.

Attorney(s) appearing for the Case

J. Brantley Phillips, Jr., and Fletcher C. Mann, Greenville, S. C. (Leatherwood, Walker, Todd & Mann, Greenville, S. C., on brief), for appellant.

Ben C. Thornton and W. H. Arnold, Greenville, S. C. (Love, Thornton, Arnold & Thomason, Greenville, S. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.

PER CURIAM:

In an action by American Cast Iron Pipe Company, a manufacturer of pipe, against McKoy-Helgerson Company, a general contractor, for a balance admittedly due under a contract for the sale of a quantity of pipe, the defendant interposed in its answer a counterclaim for damages alleged to have been sustained by it as a result of defects in some of the pipe delivered. The manufacturer relied upon a printed "condition" included in certain papers which it alleged...

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