APAC-CAROLINA v. TOWNS OF ALLENDALE AND FAIRFAX, SC

Civ. A. Nos. 4:90-1364-21, 4:90-1365-21.

868 F.Supp. 815 (1993)

APAC-CAROLINA, INC., Plaintiff, v. TOWNS OF ALLENDALE AND FAIRFAX, SOUTH CAROLINA and Welco Construction & Utilities Company, Inc., Defendants. TOWNS OF ALLENDALE AND FAIRFAX, SOUTH CAROLINA, Third-Party Plaintiffs, v. CRS SIRRINE, INC., Third-Party Defendant. WELCO CONSTRUCTION & UTILITIES CO., INC., Plaintiff, v. APAC-CAROLINA, INC., Defendant.

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

June 9, 1993.


Attorney(s) appearing for the Case

Louie Franklin Elmore, Kimila L. Wooten, Greenville, SC, for APAC-Carolina, Inc., plaintiff/defendant.

Edwin Russell Jeter, Columbia, SC, for Towns of Allendale and Fairfax, defendants & third-party plaintiffs.

William Rhett Eleazer, Columbia, SC, for Welco Const. and Utilities, defendant/plaintiff.

Donald A. Harper, Norman Ward Lambert, Greenville, SC, for CRS Sirrine, Inc., third-party defendant.


ORDER

TRAXLER, District Judge.

This case involves two lawsuits arising out of the construction of a sewage treatment facility for the towns of Allendale and Fairfax ("the Towns"). By agreement of the parties, both actions were consolidated procedurally, but not substantively, and were submitted to the court for non-jury trial. Pursuant to Fed.R.Civ.P. 52, this court enters the following findings of fact and conclusions of law.

FINDINGS OF...

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