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AIKEN COUNTY v. BSP DIV. OF ENVIROTECH CORP.

Nos. 87-1011, 87-1012.

866 F.2d 661 (1989)

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

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1989.

Rehearing and Rehearing Denied February 27, 1989.

Attorney(s) appearing for the Case

Patrick Alan Thompson (S. Gregory Joy, Smith, Currie & Hancock, Atlanta, Ga., on brief), Robert Jeffery Aamoth (Jack N. Goodman, Pierson, Ball & Dowd, Washington, D.C., on brief), for appellants.

Donald Asendorf Harper (T.S. Stern, Jr., Haynsworth, Marion, McKay & Guerard, Greenville, S.C., on brief), Charles Porter, Columbia, S.C. (C. Alan Runyan, Hampton, S.C., McNair Law Firm, P.A., Charleston, S.C., on brief), for appellees.

Before MURNAGHAN, SPROUSE and WILKINS, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 27, 1989.

SPROUSE, Circuit Judge:

In 1974, Aiken County, South Carolina, and Aiken County Public Service Authority (hereinafter "Aiken") employed Davis & Floyd, a South Carolina engineering company, to design a wastewater treatment plant to cleanse community and industrially polluted water discharged into the Horse Creek Valley section of the Savannah River. Aiken chose Bay-Con General, Inc., a non-South...

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