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NEWTON v. AMERICAN SURETY COMPANY OF NEW YORK

No. 9166.

329 F.2d 299 (1964)

A. B. NEWTON and H. K. Rushton, Partners Trading as A. B. Newton and Company, Appellees and Cross-Appellants, v. AMERICAN SURETY COMPANY OF NEW YORK, Appellant and Cross-Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 5, 1964.

Attorney(s) appearing for the Case

Walker Florance and Henry M. Taylor, Jr., Richmond, Va. (Florance, Gordon & Brown, Richmond, Va., on brief), for appellees and cross-appellants.

Sidney O. Raphael, New York City (Sands, Anderson, Marks & Clarke, Richmond, Va., and Raphael, Searles & Vischi, New York City, on brief), for appellant and cross-appellee.

Before BOREMAN and BRYAN, Circuit Judges, and HUTCHESON, District Judge.

STERLING HUTCHESON, District Judge:

A. B. Newton and H. K. Rushton, a partnership, trading as A. B. Newton & Company, hereafter referred to as Newton, was a contractor for the Mosby Court Housing Project in the city of Richmond, Virginia. Precisionware, Inc., hereafter referred to as Precisionware, is a manufacturer of kitchen cabinets. Alcon Builders Supply Company, Inc., was a factory or manufacturer's representative, which operated in Washington, D. C. under...

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