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CITY OF NEWPORT NEWS v. DOYLE AND RUSSELL, INC.

179 S.E.2d 493 (1971)

211 Va. 603

CITY OF NEWPORT NEWS v. DOYLE AND RUSSELL, INC., et al.

Supreme Court of Appeals of Virginia.

March 8, 1971.

Attorney(s) appearing for the Case

Robert V. Beale, City Atty., City of Newport News (Panos A. Yeapanis, Asst. City Atty., on brief), for plaintiff in error.

Robert F. Brooks, Richmond (B. Warwick Davenport, E. Milton Farley, III, Hunton, Williams, Gay, Powell & Gibson, Richmond on brief), for defendants in error.

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

I'ANSON, Justice.

The City of Newport News filed its motion for judgment against the defendants, Doyle and Russell, Inc., and Federal Insurance Company, seeking to recover the sum of $53,182.50 allegedly due on a bid bond as a result of Doyle and Russell's failure to execute a contract awarded by the City and a performance bond for the construction of an incinerating plant.

In their grounds of defense the defendants admitted the submission of the bid to construct...

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