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AIKEN COUNTY v. BSP DIV. OF ENVIROTECH CORP.

Civ. A. No. 81-202-8.

657 F.Supp. 1339 (1986)

AIKEN COUNTY and Aiken County Public Service Authority, Plaintiffs, v. BSP DIVISION OF ENVIROTECH CORPORATION; Insurance Company of North America; and Envirotech Corporation, Defendants-Third Party Plaintiffs, v. BAY-CON GENERAL, INC.; Davis & Floyd, Inc., and The Travelers Indemnity Company, Third-Party Defendants.

United States District Court, D. South Carolina, Aiken Division.

November 24, 1986.

Attorney(s) appearing for the Case

Donald A. Harper, T.S. Stern, Jr., Haynsworth, Marion, McKay & Guerard, Greenville, S.C., for plaintiff.

Paul W. Killian, Susan Smith Blakely, Watt, Tieder, Killian & Hoffar, Vienna, Va., Joseph O. Rogers, Jr., Rogers, Riggs & Rogers, Manning, S.C., for defendants-third party plaintiffs.

Patrick A. Thompson, S. Gregory Joy, Atlanta, Ga., Julian B. Salley, Jr., Aiken, S.C., for third-party defendants, Bay-Con Gen., Inc. and The Travelers Indem. Co.

Charles Porter, McNair Law Firm, P.A., Columbia, S.C., Thomas Pope, Joseph W. Hudgens, Newberry, S.C., for third-party defendant Davis & Floyd Engineers, Inc.

ORDER

BLATT, Chief Judge.

I. INTRODUCTION

This is an action by the plaintiffs, Aiken County and Aiken County Public Service Authority (hereinafter collectively referred to as "Aiken County"),2 to recover damages arising out of the construction of the Horse Creek Pollution Control Facility (the "project"), located near Aiken, South Carolina. Both plaintiffs are political subdivisions of the State of South Carolina with...

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