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GURNEY INDUSTRIES, INC. v. ST. PAUL FIRE & MARINE INS. CO.

Nos. 72-1160, 72-1161.

467 F.2d 588 (1972)

GURNEY INDUSTRIES, INC., Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, and Robert P. Perrin, Trustee in Reorganization for Roberts Company and Roberts Engineers, Inc., Appellees. GURNEY INDUSTRIES, INC., and Commercial Credit Industrial Corporation, Appellees, v. Robert P. PERRIN, Trustee in Reorganization for Roberts Company and Roberts Engineers, Inc., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 14, 1972.

Attorney(s) appearing for the Case

John W. Riely, Richmond, Va. (Allen C. Goolsby, III, Harry D. Saunders, Richmond, Va., Hunter M. Jones, Charlotte, N. C., Walter S. Beck, New York City, James Mullen, and Hunton, Williams, Gay & Gibson, Richmond, Va., Jones, Hewson & Woolard, Charlotte, N. C., Phillips, Nizer, Benjamin, Krim & Ballon, New York City, and Mullen, Holland & Harrell, Gastonia, N. C., on brief), for appellant Gurney Industries.

Francis H. Fairley, Charlotte, N. C. (Fairley, Hamrick, Monteith & Cobb, and William Single, III, on brief), for appellee, Commercial Credit Industrial Corp.

Welch Jordan and A. L. Meyland, Greensboro, N. C. (Jack Hart, New York City, Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, N. C., Hart & Hume, New York City, and Block, Meyland & Lloyd, Greensboro, N. C., on brief), for appellees St. Paul Fire and Marine Ins. Co. and others and appellant Robert P. Perrin.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Gurney Industries, Inc., appeals from an order of the district court which, it complains, allowed inadequate damages in an action against St. Paul Fire & Marine Insurance Co. on a performance bond for the design, construction, and equipment of a yarn spinning mill. Robert P. Perrin, trustee in reorganization under Chapter X of the Bankruptcy Act for Roberts Co. and Roberts Engineers, Inc., the contractors, appeals the court's denial of...

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