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AMERICAN OIL COMPANY v. BROWN PAVING COMPANY

Civ. A. No. 67-680.

298 F.Supp. 528 (1969)

The AMERICAN OIL COMPANY, a corporation, Plaintiff, v. BROWN PAVING COMPANY, a corporation, and Great American Insurance Company, a corporation, Defendants.

United States District Court D. South Carolina, Columbia Division.

April 9, 1969.

Attorney(s) appearing for the Case

Douglas McKay, Jr., McKay, McKay, Black, Sherrill, Walker & Wilkins, Columbia, S. C., Lloyd C. Caudle, Wardlow, Knox, Caudle & Wade, Charlotte, N. C., for plaintiff.

R. W. Dibble, Jr., Edens, Woodward & Butler, Columbia, S. C., I. Edward Johnson, Teague, Johnson, Patterson, Dilthey & Clay, Raleigh, N. C., for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER

DONALD RUSSELL, District Judge.

In compliance with Rule 52(a), Rules of Civil Procedure, 28 U.S.C.A., I find the facts specially and state my conclusions of law thereon, in the above cause, as follows:

FINDINGS OF FACT

1. This is a suit to recover upon a Payment Bond, executed by Great American Insurance Company on behalf of Brown Paving Company, to assure payment for all "labor and...

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