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U.S. FOR WEST CHESTER ELEC. v. SENTRY INS.

No. 84-2038.

774 F.2d 80 (1985)

UNITED STATES of America for and on Behalf of WEST CHESTER ELECTRIC & ELECTRONICS CO., INC., and West Chester Electric & Electronics Co., Inc., Appellants, v. SENTRY INSURANCE, Seaboard Surety Company, and G.H. Coffey Company, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1985.

Rehearing and Rehearing Denied November 19, 1985.

Attorney(s) appearing for the Case

Randall C. Schauer, West Chester, Pa., (MacElree, Harvey, Gallagher, O'Donnell & Featherman, Ltd., West Chester, Pa., John W. Taylor, Faircloth, Anderson & Taylor, Cyrus J. Faircloth, Fayetteville, N.C., on brief), for appellant.

Koy E. Dawkins, Monroe, N.C., Kenneth R. Wooten, New Bern, N.C., (Dawkins, Glass & Lee, Monroe, N.C., Ward & Smith, P.A., New Bern, N.C., on brief), for appellees.

Before WIDENER and ERVIN, Circuit Judges, and HOFFMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied November 19, 1985.

ERVIN, Circuit Judge:

This is an appeal from an order granting summary judgment to the defendants in an action alleging breach of contract under the Miller Act, 40 U.S.C. §§ 270a-270d and North Carolina state law. West Chester Electric and Electronics Company, Inc. (hereinafter "West Chester") agreed to supply materials to G.H. Coffey Company, Inc...

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