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HOWARD P. FOLEY CO. v. PHOENIX ENGINEERING & SUP.

No. 86-3975.

819 F.2d 60 (1987)

The HOWARD P. FOLEY COMPANY, Plaintiff-Appellant, v. PHOENIX ENGINEERING & SUPPLY CO., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 18, 1987.

Attorney(s) appearing for the Case

Michael Louis Thomas (Hudson & Creyke, George P. Doss, Alexandria, Va., on brief), for plaintiff-appellant.

Samuel Intrater, Washington, D.C. (Kenneth W. Smith, Fairfax, Va., on brief), for defendant-appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Circuit Judge:

I.

Appellant, The Howard P. Foley Company ("Foley"), sought to recover contract damages from appellee, Phoenix Engineering & Supply Company ("Phoenix"), in the United States District Court for the Eastern District of Virginia. Foley is a District of Columbia corporation with its principal place of business in Alexandria, Virginia. Phoenix is a New Jersey corporation with its principal place...

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