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SALEM TOWNE APTS., INC. v. McDANIEL & SONS ROOFING CO.

Civ. A. No. 762.

330 F.Supp. 906 (1970)

SALEM TOWNE APARTMENTS, INC., Plaintiff, v. McDANIEL & SONS ROOFING COMPANY, Defendant.

United States District Court, E. D. North Carolina, New Bern Division.

Supplemental Opinion August 4, 1970.

Attorney(s) appearing for the Case

Robert L. Emanuel, Emanuel & Emanuel, Raleigh, N. C., for plaintiff.

John V. Hunter, III, Raleigh, N. C., for defendant McDaniel & Sons Roofing Co.

Eugene C. Brooks, III, Durham, N. C., for defendant Lloyd A. Fry Roofing Co.

C. R. Wheatly, Jr., Wheatly & Mason, Beaufort, N. C., for defendants A. B. Roberts & Bill Price.

MEMORANDUM OPINION

MacKENZIE, District Judge.

On its apartment complex of 16 buildings, 153 units, in Winston-Salem, North Carolina, the plaintiff contracted with the defendant, McDaniel & Sons Roofing Company, for the roof installation. From a group of samples presented by the defendant, McDaniel & Sons, the plaintiff chose a black shingle manufactured by the defendant, Lloyd A. Fry Roofing Company, and distributed by the third-party defendant,...

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