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BLUEFIELD ARMATURE CO. v. R. G. POPE CONST. CO.

No. 75-1908.

548 F.2d 484 (1976)

BLUEFIELD ARMATURE COMPANY, a corporation, Appellee, v. R. G. POPE CONSTRUCTION COMPANY, a corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 2, 1976.

Attorney(s) appearing for the Case

Bradley Roberts, Bristol, Va., was on the brief and argued the case but died prior to the filing of the opinion.

James W. Elliott Jr., Abingdon, Va., for appellant.

Edmund C. Stone, Jr., Bluefield, W. Va. (Kwass, Stone & McGhee, Bluefield, W. Va., J. D. Morefield, Browning, Morefield & Schelin, Abingdon, Va., on brief), for the appellee.

Before BRYAN, Senior Circuit Judge, and RUSSELL and WIDENER, Circuit Judges.

PER CURIAM:

This diversity case arose out of repairs on a 500 horsepower electric motor performed by Bluefield Armature Company (Bluefield) for R. G. Pope Construction Company (Pope), the owner of the motor.

The trial was to the court without a jury. The only questions are whether the judge's findings of fact were clearly erroneous as they found the motor was properly repaired, and whether the trial court erred in holding that, after it had found that the...

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