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T. C. ALLEN CONSTRUCTION CO. v. STRATFORD CORPORATION

Nos. 10964, 10965.

384 F.2d 653 (1967)

T. C. ALLEN CONSTRUCTION COMPANY, Appellant, v. STRATFORD CORPORATION, Appellee. STRATFORD CORPORATION, Appellant, v. ALLEN CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 12, 1967.

Attorney(s) appearing for the Case

Eugene H. Phillips, Winston-Salem, N. C., for T. C. Allen Const. Co.

Norwood Robinson and G. D. Humphrey, Jr., Winston-Salem, N. C. (Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, Winston-Salem, N. C., on the brief), for Stratford Corp.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and SIMONS, District Judge.

SIMONS, District Judge:

Plaintiff-appellant, T. C. Allen Construction Company, (hereinafter referred to as plaintiff) brought suit against defendant-appellee, Stratford Corporation, (hereafter defendant) to recover a retained balance due it under a contract for the construction of a Downtowner Motor Inn in Winston-Salem, North Carolina, together with interest thereon from July 25, 1964, the date of its alleged completion of its contract.

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