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GANNETT CO., INC. v. CLARK CONST. GROUP, INC.

No. 01-2475.

286 F.3d 737 (2002)

GANNETT COMPANY, INCORPORATED, Plaintiff-Appellant, v. The CLARK CONSTRUCTION GROUP, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 2002.

Attorney(s) appearing for the Case

ARGUED: Philip John Harvey, Venable, Baetjer & Howard, L.L.P., McLean, Virginia, for Plaintiff-Appellant. Robert Milton Moore, Moore & Lee, L.L.P., McLean, Virginia, for Defendant-Appellee. ON BRIEF: David G. Lane, Christine M. McAnney, Venable, Baetjer & Howard, L.L.P., McLean, Virginia, for Plaintiff-Appellant. Charlie C.H. Lee, Richard O. Wolf, Moore & Lee, L.L.P., McLean, Virginia; E. Mabry Rogers, Walter J. Sears, Arlan D. Lewis, Bradley, Arant, Rose & White, L.L.P., Birmingham, Alabama, for Defendant-Appellee.

Before WILLIAMS and KING, Circuit Judges, and ANDRE M. DAVIS, United States District Judge for the District of Maryland, sitting by designation.

Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge KING and Judge DAVIS joined.

OPINION

WILLIAMS, Circuit Judge.

Gannett Company, Inc. (Gannett) filed this diversity jurisdiction action against Clark Construction Group, Inc. (Clark) in the United States District Court for the Eastern District of Virginia, alleging breach of contract. The district court abstained from exercising jurisdiction, applying the...

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