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CECIL'S INC. v. MORRIS MECHANICAL ENTERPRISES

No. 83-8310.

735 F.2d 437 (1984)

CECIL'S, INCORPORATED, Plaintiff-Appellee, v. MORRIS MECHANICAL ENTERPRISES, INC., and Transamerica Insurance Company, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 29, 1984.

Attorney(s) appearing for the Case

Ira J. Smotherman, Jr., Atlanta, Ga., for defendants-appellants.

William E. Dorris, Robert O. Fleming, Jr., Atlanta, Ga., for plaintiff-appellee.

Before RONEY and JOHNSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

PER CURIAM:

The relevant facts in this diversity action are not disputed. Cecil's, Inc., a general contractor, entered into an agreement with Villgreen, a limited partnership, in 1978 for the construction of an apartment complex in Greenville, South Carolina. Several months later, Cecil's subcontracted the heating, ventilation and air conditioning (HVAC) system for the project to Morris Mechanical Enterprises, Inc. Morris then executed a $160,000 performance bond...

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