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APAC CAROLINA, INC. v. TOWN OF ALLENDALE, S.C.

Nos. 93-1825, 93-1892.

41 F.3d 157 (1994)

APAC CAROLINA, INC., Plaintiff-Appellant, v. TOWN OF ALLENDALE, SOUTH CAROLINA; Town of Fairfax, South Carolina; Welco Construction and Utilities Company, Incorporated, Defendants-Appellees, v. CRS SIRRINE, INCORPORATED, Third Party Defendant. APAC CAROLINA, INC., Plaintiff-Appellee, v. TOWN OF ALLENDALE, SOUTH CAROLINA; Town of Fairfax, South Carolina, Defendants-Appellants, and Welco Construction and Utilities Company, Incorporated, Defendant, v. CRS SIRRINE, INCORPORATED, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 23, 1994.

Attorney(s) appearing for the Case

ARGUED: Louie Franklin Elmore, Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, SC, for appellant. William Rhett Eleazer, Columbia, SC, for appellee Welco Const.; Edwin Russell Jeter, Jr., McNair & Sanford, P.A., Columbia, SC, for appellees Allendale and Fairfax. ON BRIEF: Kimilia L. Wooten, Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, SC, for appellant.

Before MURNAGHAN, Circuit Judge, SPROUSE, Senior Circuit Judge, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Senior Judge HARVEY wrote the opinion, in which Judge MURNAGHAN and Senior Judge SPROUSE joined.

OPINION

ALEXANDER HARVEY, II, Senior District Judge:

This litigation arises out of the construction of a sewage treatment facility for the towns of Allendale and Fairfax, South Carolina (collectively, the "Towns"). After construction of the facility had been completed, APAC Carolina, Inc. ("APAC"), the general contractor...

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