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G. L. WILSON BUILDING COMPANY v. LEATHERWOOD

Civil No. 2370.

268 F.Supp. 609 (1967)

G. L. WILSON BUILDING COMPANY, Plaintiff, v. Robert LEATHERWOOD, III, Receiver of Paul L. Von Cannon, Inc., First Union National Bank, W. J. Fisher, Trustee, Small Business Administration, G. D. Holden, Trustee, Robert B. Horning, Trustee, W. Paul Holt, Jr., Trustee Forwell Corporation, Small Business Administration, and United States of America, Defendants.

United States District Court W. D. North Carolina, Bryson City Division.

May 4, 1967.

Attorney(s) appearing for the Case

Collier, Harris & Collier, Statesville, N. C., T. A. Uzzell, Jr., Asheville, N. C., for plaintiff.

Robert Leatherwood, III, Bryson City, N. C., for receivership of Paul L. Von Cannon, Inc.

Herbert L. Hyde, Asheville, N. C., for First Union Nat. Bank and W. J. Fisher, trustee.

William Medford, U. S. Atty., Asheville, N. C., for United States, Small Business Administration and Robert B. Horning, surviving trustee.

W. Paul Holt, Jr., Sylva, N. C., for Forwell Corp.

MEMORANDUM OF DECISION

WARLICK, Chief Judge.

This is a civil action instituted in the Bryson City Division of this court, on May 28, 1965, in which plaintiff seeks to recover the alleged sum of $285,798.95, with interest, from the defendants, as payment in full under the terms of a contract theretofore executed and entered into by and between plaintiff and one of the defendants as hereinafter appears. The Complaint filed on that date sets out three alleged...

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