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MILLER EQUIPMENT CO. v. COLONIAL STEEL AND IRON CO.

No. 11123.

383 F.2d 669 (1967)

MILLER EQUIPMENT COMPANY, Appellant, v. COLONIAL STEEL AND IRON COMPANY, Troitino and Brown, Inc., Travelers Indemnity Company, Hartford, Connecticut, and U. S. Army Corps of Engineers, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 20, 1967.

Attorney(s) appearing for the Case

Robert P. Buford, Richmond, Va. (Peter O. Ward, Jr., Richmond, Va., and Graham M. Carlton, Salisbury, N. C., and Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., on brief), for appellant.

Max Busby, Salisbury, N. C. (Nelson Woodson, and Woodson, Hudson & Busby, Salisbury, N. C., on brief), for appellee Colonial Steel and Iron Co.

E. Glenn Kelly, Asheville, N. C. (Harold K. Bennett, Asheville, N. C., on brief), for appellees Troitino and Brown, Inc., and Travelers Indemnity Co.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Recovery by Miller Equipment Company of the balance of the amount for which it agreed with Colonial Steel & Iron Company to fabricate and deliver structural steel to be incorporated in a Federal bridge project in Virginia was defeated by the District Court's finding that Miller had defaulted in performance of the contract. The finding we believe clearly was not warranted by the facts, which are scarcely disputable. The ensuing judgment...

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