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UTILITY CONTROL CORP. v. PRINCE WILLIAM CONST.

No. 76-1890.

558 F.2d 716 (1977)

UTILITY CONTROL CORPORATION, Appellee, v. PRINCE WILLIAM CONSTRUCTION CO., INC. and B. Calvin Burns, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1977.

Attorney(s) appearing for the Case

Richard R. Nageotte, Woodbridge, Va. (Robert J. Zelnick, Nageotte, Borinksy & Zelnick, Woodbridge, Va., on brief), for appellants.

James E. Farnham, Richmond, Va. (Jack E. McClard, Hunton & Williams, Richmond, Va., on brief), for appellee.

Before WINTER, CRAVEN, and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

Utility Control Corporation (Utility) sued Prince William Construction Company (Prince William) and B. Calvin Burns for payments due under a contract pursuant to which Utility supplied electronic controls for a vacuum sewage system being constructed by Prince William. Burns, who was treasurer of Prince William, was joined as a party-defendant because he, along with Prince William, signed the contract. At trial, the district court granted summary...

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