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CITY OF PARKERSBURG, W. VA. v. TURNER CONST. CO.

Nos. 78-1397, 78-1398.

612 F.2d 155 (1980)

The CITY OF PARKERSBURG, WEST VIRGINIA, etc., et al., Appellants, v. TURNER CONSTRUCTION COMPANY, a corporation, Appellee. The CITY OF PARKERSBURG, WEST VIRGINIA, etc., et al., Appellees, v. TURNER CONSTRUCTION COMPANY, a corporation, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 11, 1980.

Attorney(s) appearing for the Case

Daniel A. Ruley, Jr. and William Bruce Hoff, Parkersburg, W. Va., for appellants in 78-1397 and appellees in 78-1398.

William H. Wallace, Cleveland, Ohio (William D. Ginn, William B. Leahy, Thompson, Hine & Flory, Cleveland, Ohio, Fred L. Davis, Jr., Davis, Davis, Hall & Clovis, Parkersburg, W. Va., on brief), for appellees in 78-1397 and appellants in 78-1398.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and HOFFMAN, Senior District Judge.

HAYNSWORTH, Chief Judge:

In 1972 the City of Parkersburg entered a contract with Turner Construction Company (Turner) for the construction of additions to a city hospital. Pursuant to the contract, Turner was to establish a figure representing the guaranteed maximum cost (GMC) to the city. The city filed the instant action in 1974, seeking a declaration that a January 19, 1973 letter from Turner set the GMC at $5,843,000...

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