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UNITED STATES v. SOUTHERN FABRICATING CO., INC.

No. 84-7337.

764 F.2d 780 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. SOUTHERN FABRICATING COMPANY, INC.; Southern Sash Sales & Supply Co., Inc.; Southern Metals Company, Inc.; Elton H. Darby, and John F. Darby, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 1, 1985.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Frank S. James, III, Asst. U.S. Atty., Birmingham, Ala., Leonard Schaitman, Marleigh D. Dover, Marc Johnston, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, D.C., for plaintiff-appellant.

Bradley Arant Rose & White, Thad G. Long, Birmingham, Ala., James D. Hughston, Hughston Hughston Hughston, Tuscumbia, Ala., for defendants-appellees.

Before KRAVITCH and CLARK, Circuit Judges, and PECK, Senior Circuit Judge.

PER CURIAM:

The United States appeals from an order of the United States District Court for the Northern District of Alabama granting partial summary judgment and dismissing two counts of its complaint against Southern Sash Sales and Supply Company ("Sash"), Southern Fabricating Company ("Fab"), Southern Metals Company ("Southern Metals"), and Elton and John Darby ("the Darbys"). Sash is the parent corporation of both Fab and Southern Metals. At all times relevant...

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