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H. L. GENTRY CONSTRUCTION COMPANY v. NORTH CAROLINA NATURAL GAS CORPORATION

No. 14969.

314 F.2d 945 (1963)

H. L. GENTRY CONSTRUCTION COMPANY, Debtor-Appellant, v. NORTH CAROLINA NATURAL GAS CORPORATION, Rosson-Richards of N. C., Inc., et al., Appellees.

United States Court of Appeals Sixth Circuit.

March 29, 1963.

Attorney(s) appearing for the Case

Archie Katcher, Detroit, Mich. (Rosenburg, Painter, Stanton & Bullen, J. Adrian Rosenburg, Jackson, Mich., and Katcher & Feldman, Detroit, Mich., on the brief), for appellant.

David E. Henderson, Charlotte, N. C., and I. Murchison Biggs, Lumberton, N. C. (Allen, Hipp & Steed, Thomas W. Steed, Jr., Raleigh, N. C., Henderson & Henderson, William A. Shuford, Charlotte, N. C., Johnson, Biggs & Britt, Lumberton, N. C., Lassiter, Moore & Van Allen, Robert W. King, Jr., Charlotte, N. C., on the brief), for creditor-appellees.

Donald W. McCoy, Fayetteville, N. C. (McCoy, Weaver & Wiggins, Fayetteville, N. C., on the brief), for North Carolina Natural Gas Corp., appellee.

Before CECIL, Chief Judge, and MILLER and O'SULLIVAN, Circuit Judges.

PER CURIAM.

The H. L. Gentry Construction Company, debtor-appellant, entered into two contracts with North Carolina Natural Gas Corporation for the performance of some construction work including the installation of 233 miles of pipeline for a natural gas transmission system in North Carolina. The Gentry Company fully performed its contracts and the Gas Company was in possession of the pipeline and was using it at the time this litigation arose.

The debtor...

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