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WHITTINGTON v. SEWER CONST. CO., INC.

No. 74-1234.

541 F.2d 427 (1976)

Lawrence WHITTINGTON, Appellant, v. SEWER CONSTRUCTION COMPANY, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1976.

Attorney(s) appearing for the Case

Thomas P. Maroney, Charleston, W. Va., for appellant.

Henry C. Bias, Jr., Charleston, W. Va. (Lively, Light & Bias, Charleston, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WIDENER, Circuit Judge.

BOREMAN, Senior Circuit Judge:

On motion of the defendant, Sewer Construction Company, Inc. (hereafter Company or defendant), the district court dismissed this suit for lack of asserted admiralty jurisdiction. From the judgment of dismissal the plaintiff, Lawrence Whittington (hereafter Whittington or plaintiff), prosecutes this appeal.

In his complaint, containing two counts, Whittington alleged that the jurisdiction of the district court arises under and...

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