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WALKER MFG. CO. v. DICKERSON, INC.

78-1669, 78-1670 and 78-1698.

619 F.2d 305 (1980)

WALKER MANUFACTURING COMPANY, a Division of Tenneco, Inc., Appellee, v. DICKERSON, INCORPORATED, Appellant. SEABOARD SURETY COMPANY, a corporation, Defendant & Third-party Plaintiff, v. PIEDMONT ENGINEERING AND ARCHITECTS, INC., also d/b/a Piedmont Engineers and Architects, Appellee, and Edward's Roofing & Sheet Metal Company, a corporation, also d/b/a Edward's Sheet Metal Company, Third-party Defendant, and The Celotex Corporation (formerly Philip Carey Corporation), Appellee. WALKER MANUFACTURING COMPANY, a Division of Tenneco, Inc., Appellee, v. DICKERSON, INCORPORATED, Appellee. SEABOARD SURETY COMPANY, a corporation, Defendant & Third-party Plaintiff, v. PIEDMONT ENGINEERING AND ARCHITECTS, INC., also d/b/a Piedmont Engineers and Architects, Third-party Defendant, and Edward's Roofing & Sheet Metal Company, a corporation, also d/b/a Edward's Sheet Metal Company, Appellee, and The Celotex Corporation (formerly Philip Carey Corporation), Appellant. WALKER MANUFACTURING COMPANY, a Division of Tenneco, Inc. Appellee, v. DICKERSON, INCORPORATED, Appellee. SEABOARD SURETY COMPANY, a corporation, Defendant & Third-party Plaintiff, v. PIEDMONT ENGINEERING AND ARCHITECTS, INC., also d/b/a Piedmont Engineers and Architects, Appellee, and Edward's Roofing & Sheet Metal Company, a corporation, also d/b/a Edward's Sheet Metal Company, Appellant, and The Celotex Corporation (formerly Philip Carey Corporation), Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 2, 1980.

Attorney(s) appearing for the Case

Robert B. Cordle, Charlotte, N.C. (Helms, Mulliss & Johnston, Charlotte, N.C., on brief), S. Dean Hamrick, Charlotte, N.C. (F. Lane Williamson, Fairley, Hamrick, Monteith & Cobb, Charlotte, N.C., on brief), Koy E. Dawkins, Monroe, N.C. (Dawkins, Glass & Lee, P. A., James E. Griffin, Monroe, N.C., on brief), for appellants.

James P. Erwin, Jr., Asheville, N.C. (McGuire, Wood, Erwin & Crow, P. A., Asheville, N.C., on brief), and Victor M. Harding, Milwaukee, Wis. (Whyte & Hirschboeck, S.C., Milwaukee, Wis., on brief), for appellee.

Before FIELD, Senior Circuit Judge, HALL, Circuit Judge, and THOMSEN, Senior District Judge.

THOMSEN, Senior District Judge:

I.

On August 6, 1975, Walker Manufacturing Company (Walker) filed its complaint herein against Dickerson, Incorporated (Dickerson) and its surety, Seaboard Surety Company (Seaboard), alleging that Dickerson had breached a written contract by the improper construction of the roof on a manufacturing and warehouse building at Arden, North Carolina. Walker was the owner of the building and Dickerson was the general contractor...

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