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BRYANT ELEC. CO., INC. v. CITY OF FREDERICKSBURG

No. 84-1137.

762 F.2d 1192 (1985)

BRYANT ELECTRIC COMPANY, INC., Appellant, v. CITY OF FREDERICKSBURG and Malcolm Pirnie, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1985.

Attorney(s) appearing for the Case

C. Allen Foster and Richard Conner, Greensboro, N.C. (Foster, Conner & Robson, Greensboro, N.C., on brief), for appellant.

William D. Bayliss, Richmond, Va. (Paul S. Bliley, Jr., Browder, Russell, Morris & Butcher, Richmond, Va., on brief) and Murray H. Wright, Richmond, Va. (Edward E. Nicholas, III, McGuire, Woods & Battle, Richmond, Va., on brief), for appellees.

Before HALL, ERVIN and SNEEDEN, Circuit Judges.

SNEEDEN, Circuit Judge:

Plaintiff, Bryant Electric Company, Inc. ("Bryant"), appeals from an order of the United States District Court for the Eastern District of Virginia granting the motions to dismiss filed by the respective defendants, Malcolm Pirnie, Inc. ("Pirnie") and the City of Fredericksburg ("City"). The district court dismissed Bryant's claim against Pirnie for failure to state a cause of action. Fed.R.Civ.P. 12(b)(6). The district court declined to exercise...

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