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GURNEY INDUSTRIES, INC. v. ST. PAUL FIRE & MARINE INS. CO.

Civ. A. No. 2614.

334 F.Supp. 845 (1971)

GURNEY INDUSTRIES, INC., Plaintiff, and Commercial Credit Industrial Corp., Involuntary Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant. Robert P. PERRIN, Trustee in Reorganization for Roberts Company and Roberts Engineers, Inc., Intervenor, v. GURNEY INDUSTRIES, INC., and Commercial Credit Industrial Corp.

United States District Court, W. D. North Carolina, Charlotte Division.

November 11, 1971.

Attorney(s) appearing for the Case

Hunter M. Jones, Charlotte, N. C., Beverly C. Moore, Greensboro, N. C., James Mullen, Gastonia, N. C., and Walter S. Beck, New York City, counsel for plaintiff.

Francis H. Fairley, Charlotte, N. C., counsel for Commercial Credit Industrial Corp., involuntary plaintiff.

Welch Jordan, Greensboro, N. C., and Jack Hart, New York City, counsel for St. Paul Fire and Marine Ins. Co., defendant.

A. L. Meyland, Greensboro, N. C., counsel for Robert P. Perrin, Trustee in Reorganization for Roberts Co. and Roberts Engineers, Inc., intervenors.

Memorandum of Decision and Order

McMILLAN, District Judge.

THE NATURE OF THE CASE

Gurney Industries, plaintiff, sued St. Paul, the defendant, for alleged damages and for alleged equitable relief due to alleged non-performance of a contract by the two Roberts companies, the principals on St. Paul's performance bond. The case was tried without a jury in three installments for a total of twenty-one days. Testimony at the trial, not counting depositions...

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