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CONSTANTINO v. AMERICAN S/T ACHILLES

Nos. 77-1211, 77-1212.

580 F.2d 121 (1978)

Dan CONSTANTINO, trading as Constantino's Company, Appellant, v. AMERICAN S/T ACHILLES, her boats, engines, tackle, apparel, etc., and Newport Tankers Corporation, as owners and/or operators of the AMERICAN S/T ACHILLES, Appellees. Dan CONSTANTINO, Trading as Constantino's Company, Appellee, v. AMERICAN S/T ACHILLES, her boats, engines, tackle, apparel, etc., and Newport Tankers Corporation as owners and/or operators of the AMERICAN S/T ACHILLES, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 20, 1978.

Attorney(s) appearing for the Case

Melvin J. Radin, Norfolk, Va., for appellant in No. 77-1211 and for appellee in No. 77-1212.

Burt M. Morewitz, Newport News, Va. (George J. Viertel, Norfolk, Va., on brief), for appellees in No. 77-1211 and for appellants in No. 77-1212.

Before WINTER, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge.

On March 8, 1976, defendant Newport Tankers Corporation contracted with plaintiff Dan Constantino, trading as Constantino's Company, for the cleaning of grain storage tanks in Newport's ship, the American S/T Achilles. The contract terms fixed the price at $30,000 and required completed performance by March 17, 1976. Constantino was unable to complete the cleaning by March 17, but with the defendant's permission continued work until...

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