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BRICKWOOD CONTRS. v. DATANET ENGINEERING

Nos. 00-2324, 00-2325.

369 F.3d 385 (2004)

BRICKWOOD CONTRACTORS, INCORPORATED, Plaintiff-Appellant, v. DATANET ENGINEERING, INCORPORATED; John V. Cignatta, Defendants-Appellees. Brickwood Contractors, Incorporated, Plaintiff-Appellee, v. Datanet Engineering, Incorporated; John V. Cignatta, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 26, 2004.

Attorney(s) appearing for the Case

ARGUED: James Joseph Tansey, Washington, D.C., for Appellant. James F. Lee, Jr., LEE & MCSHANE, P.C., Washington, D.C., for Appellees. ON BRIEF: Brandon M. Gladstone, LEE & MCSHANE, P.C., Washington, D.C.; Edward J. Pesce, EDWARD J. PESCE, P.A., Ellicott City, Maryland, for Appellees.

Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Reversed by published opinion. Judge TRAXLER wrote the majority opinion, in which Chief Judge WILKINS and Judges WILKINSON, NIEMEYER, WILLIAMS, MICHAEL, MOTZ, GREGORY, SHEDD, and DUNCAN joined. Judge WIDENER wrote an opinion concurring in the judgment. Judge LUTTIG wrote an opinion concurring in part and concurring in the judgment. Judge KING wrote an opinion concurring in the judgement.

ON REHEARING EN BANC

OPINION

TRAXLER, Circuit Judge:

...

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