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WELLS, WATERS & GASES, INC. v. AIR PRODUCTS & CHEMICALS, INC.

Nos. 93-1264, 93-1315.

19 F.3d 157 (1994)

WELLS, WATERS & GASES, INCORPORATED, Plaintiff-Appellant, v. AIR PRODUCTS & CHEMICALS, INCORPORATED, Defendant-Appellee. WELLS, WATERS & GASES, INCORPORATED, Plaintiff-Appellee, v. AIR PRODUCTS & CHEMICALS, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 22, 1994.

As Amended April 29, 1994.

Attorney(s) appearing for the Case

ARGUED: Joseph Harvey Roberts, Wise, VA, for appellant.

Melissa Warner Scoggins, Gentry, Locke, Rakes & Moore, Roanoke, VA, for appellee.

ON BRIEF: Phillip V. Anderson, Gentry, Locke, Rakes & Moore, Roanoke, VA, for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and NORTON, United States District Judge for the District of South Carolina, sitting by designation.

OPINION

DONALD RUSSELL, Circuit Judge:

Appellant Wells, Waters & Gases, Inc. ("Wells Waters") brought suit against appellee Air Products & Chemicals, Inc. ("Air Products"), and Air Products counterclaimed against Wells Waters. Each alleged that the other had breached a contract between the two. Upon opposing motions for summary judgment, the district court found Wells Waters in breach and granted judgment accordingly. Wells Waters appeals.

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