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R. C. STANHOPE, INC. v. ROANOKE CONST. CO.

No. 75-1804.

539 F.2d 992 (1976)

R. C. STANHOPE, INC., Appellee, v. ROANOKE CONSTRUCTION COMPANY and Fidelity & Deposit Company of Maryland, Appellants, and LOCKWOOD BROTHERS, INC., Third-Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1976.

Attorney(s) appearing for the Case

Robert L. Dolbeare, Richmond, Va. (Obenshain, Hinnant, Dolbeare & Beale, Richmond, Va., on brief), for appellant.

Joseph E. Blackburn, Jr., Richmond, Va. (Wicker & White, Richmond Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and FIELD, Circuit Judges.

CRAVEN, Circuit Judge.

Stanhope sued Roanoke and its surety, Fidelity and Deposit Company of Maryland, in the Virginia state courts seeking recovery on Roanoke's payment bond with the City of Richmond. Roanoke and Fidelity removed the case to federal court, with jurisdiction based upon diversity of citizenship. On the basis of stipulated or undisputed facts, the district court awarded summary judgment in favor of Stanhope in the amount of $28,110.76 plus costs. We...

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