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HADDAD v. WESTERN CONTRACTING CO.

Civil Action No. 106-F.

76 F.Supp. 987 (1948)

HADDAD v. WESTERN CONTRACTING CO. et al.

District Court, N. D. West Virginia.

March 26, 1948.

Attorney(s) appearing for the Case

Stathers, Stathers & Cantrall and William G. Stathers, all of Clarksburg, W. Va., and Howell Leuck and Edward E. Edmiston, both of Cleveland, Ohio, for plaintiff.

Steptoe & Johnson, James M. Guiher, and Edward W. Eardley, all of Clarksburg, W. Va., and Lowell C. Kindig, of Sioux City, Iowa, for defendants Western Contracting Corporation, Ralph C. Myers Construction Co., Foster Myers, Clyde Goen, and Ralph C. Myers Construction Co.

Thomas B. Jackson, of Charleston, W. Va., for defendant National Surety Corporation.

WATKINS, District Judge.

Plaintiff, a subcontractor in the construction of the Wood County Airport at Parkersburg, W. Va., brought this suit against the principal contractor, Myers-Western, for breach of the subcontract, seeking to recover for material and labor put into the project and for anticipated profits under the subcontract. Plaintiff claimed that after part performance on its part, the principal contractor breached the subcontract, making it impossible for...

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