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WASHINGTON CONCRETE SALES CORPORATION, INC. v. MORRISSETTE

Nos. 19872, 19873.

377 F.2d 137 (1966)

WASHINGTON CONCRETE SALES CORPORATION, INC., a Corporation, Appellant, v. Arthur E. MORRISSETTE et al., Appellees. Ronald L. WALUTES, Trustee of the Estate of the Alexandria Iron Works, Inc., a Bankrupt, Appellant, v. Arthur E. MORRISSETTE et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 1, 1966.

Petition for Rehearing Denied January 18, 1967.

Attorney(s) appearing for the Case

Mr. Paul Lee Sweeny, Washington, D. C., for appellant in No. 19872.

Mr. Donald S. Caruthers, Jr., Washington, D. C., of the bar of the Supreme Court of Virginia, pro hac vice, by special leave of court, for appellant in No. 19873. Mr. Donald S. Caruthers, Washington, D. C., was on the brief for appellant in No. 19873.

Mr. Kahl K. Spriggs, Washington, D. C., with whom Mr. John F. Myers and Mr. Milton M. Burke, Washington, D. C., were on the brief, for appellees.

Before PRETTYMAN, Senior Circuit Judge, EDWARDS, Circuit Judge of the United States Court of Appeals for the Sixth Circuit, and LEVENTHAL, Circuit Judge.

Petition for Rehearing En Banc Denied January 18, 1967.

PRETTYMAN, Senior Circuit Judge:

These are civil actions by subcontractors to enforce mechanics' liens. Owners (named Morrissette) of a plot of ground entered into a contract with a general contractor (Master Guild, Inc.) for the erection of an office and warehouse. The agreed price was $129,000. Of this amount $100,000 was to be borrowed from the Perpetual Building and Loan Association. Of the remainder...

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