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HANES DYE AND FINISHING COMPANY v. CAISSON CORPORATION

No. C-141-WS-69.

309 F.Supp. 237 (1970)

HANES DYE AND FINISHING COMPANY, Inc., and Frank L. Blum Construction Company, Inc., Plaintiffs, v. CAISSON CORPORATION, Pittsburgh Testing Laboratories, Inc., and Seaboard Surety Company, Defendants.

United States District Court, M. D. North Carolina, Winston-Salem Division.

February 12, 1970.

Attorney(s) appearing for the Case

W. P. Sandridge, Sr., and E. Lawrence Davis, III, of Womble, Carlyle, Sandridge & Rice, and G. Dudley Humphrey, Jr., of Hudson, Petree, Stockton, Stockton & Robinson, Winston-Salem, N. C., for plaintiffs.

Bynum M. Hunter and Doris R. Bray, of Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., and John M. Minor and William K. Davis, of Deal, Hutchins & Minor, Winston-Salem, N. C., for defendants.

MEMORANDUM OPINION

GORDON, District Judge.

Desirous of adding onto an industrial plant in the City of Winston-Salem, North Carolina, Hanes Dye and Finishing Corporation, Inc. (Hanes) negotiated a construction contract with Frank L. Blum Construction Company, Inc. (Blum), a general contractor. Subsequently, Blum subcontracted with Caisson Corporation (Caisson) to construct for $205,000.00 a foundation of 185 caissons to be founded on material capable of withstanding...

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