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BEN-TOM SUPPLY COMPANY v. V. N. GREEN & COMPANY

Civ. A. No. 69-40.

338 F.Supp. 59 (1971)

BEN-TOM SUPPLY COMPANY, Inc., a corporation, Plaintiff, v. V. N. GREEN & COMPANY, Inc., a corporation, et al., Defendants. GREAT AMERICAN INSURANCE COMPANY, a corporation, Defendant and Third-Party Plaintiff, v. W. Holmes SHAVER, Third-Party Defendant. W. Holmes SHAVER, Third-Party Plaintiff (Fourth-Party Plaintiff), v. John M. SLACK, Jr., and Victor N. Green, Third-Party Defendants (Fourth-Party Defendants).

United States District Court, S. D. West Virginia, Charleston Division.

August 18, 1971.

Attorney(s) appearing for the Case

Spilman, Thomas, Battle & Klostermeyer, Charleston, W. Va., for Ben-Tom Supply Co., Inc.

Kay, Casto & Chaney, Charleston, W. Va., for V. N. Green & Co., Inc., and Central Asphalt Paving Co.

Steptoe & Johnson, Charleston, W. Va., for Great American Ins. Co.

Preiser, Green, Hunt & Wilson, Charleston, W. Va., for W. Holmes Shaver.

Kay, Casto & Chaney, Charleston, W. Va., for John M. Slack and Victor N. Green.

MEMORANDUM DECISION

CHRISTIE, Chief Judge:

Ben-Tom Supply Company, Inc., (hereinafter referred to as "Ben-Tom") instituted this suit against V. N. Green & Company, Inc. (hereinafter referred to as "Green Company"), Central Asphalt Paving Co. (hereinafter referred to as "Central Asphalt") and Great American Insurance Company (hereinafter referred to as "Great Amercan"), claiming money due and owing from Green Company and Central Asphalt for materials...

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