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GLEN CONST. CO., INC. v. BANK OF VIENNA

No. 76-1812.

557 F.2d 1050 (1977)

GLEN CONSTRUCTION COMPANY, INC., Appellant, v. BANK OF VIENNA, Chantilly Crushed Stone, Scott Kurt Construction Co., Fairfax Equipment Rental Corp., W. B. Clark, United States of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Carol A. Sigmond, Arlington, Va. (Miller, Miller, Patterson & Reese, Arlington, Va., on brief), for appellant.

Arthur B. Vieregg, Jr., Fairfax, Va. (Frank D. Swart, Fairfax, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

Glen Construction Co. appeals a judgment in favor of Chantilly Crushed Stone, Inc., in an amount of approximately $10,000 for the cost of stone delivered to a building site. We reverse because a subcontractor, Scott Kurt Construction Co., instead of Glen, was obligated to pay for the stone.

As general contractor for the Sherwood Medical Building, Glen subcontracted with Scott Kurt in February, 1975, to provide the project with a site...

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