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MESKER BROTHERS IRON COMPANY v. DONATA CORPORATION

No. 12189.

401 F.2d 275 (1968)

MESKER BROTHERS IRON COMPANY, Appellant, v. DONATA CORPORATION, A & H Holding Corporation and A & H Plumbing Supply Corporation, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 9, 1968.

Attorney(s) appearing for the Case

E. Waller Dudley, Alexandria, Va., for appellant.

Lawrence D. Huntsman, Washington, D. C., for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge:

Mesker Brothers Iron Company (hereafter Mesker) appeals from the district court's dismissal of its action against the A & H Plumbing Supply Corporation1 for recovery of monies allegedly due under a construction contract. The lower court's dismissal was based on two grounds: (1) that Mesker had failed to file a compulsory counterclaim in an earlier action brought against...

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