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VULCAN MATERIALS COMPANY v. BETTS

No. 67-C-42-H.

315 F.Supp. 1049 (1970)

VULCAN MATERIALS COMPANY, Plaintiff, v. Fred K. BETTS, III, Quarry, Inc., Oman Construction Company, Inc., and Reliance Insurance Company, Defendants.

United States District Court, W. D. Virginia, Abingdon Division.

August 19, 1970.

Attorney(s) appearing for the Case

B. Purnell Eggleston, Eggleston, Holton, Butler & Glenn, Roanoke, Va., for plaintiff.

George S. Aldhizer, II, Wharton, Aldhizer & Weaver, Harrisonburg, Va., for defendants.

OPINION

WIDENER, District Judge.

Vulcan Materials Company commenced this action to recover $44,989.39 from the prime contractor, his bondsman, and a supplier of crushed rock, under a public construction contract. Jurisdiction is based on diversity of citizenship.

The case is submitted for decision on a stipulation of facts, exhibits, and a single deposition. Defendant, Oman Construction Company (hereinafter referred to as Oman), entered into a contract...

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