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ATLANTIC STATES CONSTRUCTION CO. v. McCANN STEEL CO.

171 S.E.2d 689 (1970)

ATLANTIC STATES CONSTRUCTION CO. et al., v. McCANN STEEL COMPANY, Incorporated.

Supreme Court of Appeals of Virginia.

Rehearing Denied March 10, 1970.

Attorney(s) appearing for the Case

Harry B. F. Franklin, Fredericksburg, Eugene R. Simmons, Atlanta, Ga. (Franklin & Rawlings, Fredericksburg, Grizzard & Simmons, Atlanta, Ga., on brief), for appellants.

J. M. H. Willis, Jr., Fredericksburg (Willis, Garnett & Braxton, Fredericksburg, on brief), for appellee.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

The issue is whether McCann Steel Company, Incorporated is entitled to a mechanic's lien for steel supplied by it for the construction of a building in the Fredericksburg Park and Shop Shopping Center.

On April 16, 1965 Danter Associates, Inc. made a contract with Samuel J. Rosenfeld and others (the "Owners") calling for Danter's construction of the building for $450,000. Being unable to post the performance bond required by the contract,...

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