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ALLEN M. CAMPBELL CO., GEN. CONT. v. VA. METAL IND.

No. 82-1845.

708 F.2d 930 (1983)

ALLEN M. CAMPBELL CO., GENERAL CONTRACTORS, INC., Appellant, v. VIRGINIA METAL INDUSTRIES, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1983.

Attorney(s) appearing for the Case

Steele B. Windle, III, Atlanta, Ga. (Aubrey L. Coleman, Smith, Currie & Hancock, Atlanta, Ga., J. Randal Hunter, Beaman, Kellum & Stallings, P.A., New Bern, N.C., on brief), for appellant.

Warren E. Zirkle, Richmond, Va. (Kenneth J. Moran, Thomas S. Schaufelberger, McGuire, Woods & Battle, Richmond, Va., on brief), for appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

MURNAGHAN, Circuit Judge:

In carrying out the functions of a judge, one comes to realize that there are very few cases indeed in which ultimately the facts do not control the outcome. Arguments impeccable in their abstract reliance upon broadly phrased principles of law tend to evaporate when the equities point to a different result. Purely linguistic considerations should not be permitted to outweigh substance.

The plaintiff, Allen M. Campbell Company, in...

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