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ASHEVILLE PAVING CO. v. BALLENGER PAVING CO.

Civ. No. 1557.

143 F.Supp. 770 (1956)

ASHEVILLE PAVING COMPANY, a North Carolina Corporation, Plaintiff, v. BALLENGER PAVING COMPANY, Inc., a South Carolina Corporation, Defendant.

United States District Court W. D. North Carolina, Asheville Division.

August 21, 1956.

Attorney(s) appearing for the Case

Parker & McGuire, Asheville, N. C., for plaintiff.

Wyche, Burgess & Wyche, Greenville, S. C., Williams & Williams, Asheville, N. C., for defendant.

WARLICK, District Judge.

This action was commenced by the plaintiff to recover the sum of $5,645.15, being the balance alleged to be due it by the defendant. In its answer the defendant denies that it is due the plaintiff such sum and sets up a counter-claim in which it seeks to recover the sum of $4,346.54. Plaintiff is a North Carolina corporation. The defendant is incorporated under the laws of South Carolina. Both plaintiff and defendant are engaged in the general...

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