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CONSOLIDATED MASONRY & FIREPROOF., INC. v. WAGMAN CONST. CO.

No. 11149.

383 F.2d 249 (1967)

CONSOLIDATED MASONRY & FIREPROOFING, INC., Appellee, v. WAGMAN CONSTRUCTION CORPORATION, Appellant.

United States Court of Appeals Fourth Circuit.

Decided August 29, 1967.

Attorney(s) appearing for the Case

Joseph V. Gartlan, Jr., Washington, D. C. (Melrod, Redman & Gartlan, Washington, D. C., on brief), for appellant.

Mark P. Friedlander, Jr., Washington, D. C. (Marshall H. Brooks and Alexander Long Wilson, Arlington, Va., on brief), for appellee.

Before SOBELOFF, BOREMAN and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge:

Plaintiff below, Consolidated Masonry & Fireproofing, Inc. (hereafter Consolidated or plaintiff), filed its complaint in the United States District Court at Alexandria on July 28, 1964, against Wagman Construction Corporation (hereafter Wagman or defendant). The gravamen of this complaint was that the parties had entered into a contract in which Consolidated agreed to perform the brick and masonry work on an apartment building for Wagman...

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