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OLD DOMINION I. & S. v. VIRGINIA ELEC.

212 S.E.2d 715 (1975)

215 Va. 658

OLD DOMINION IRON AND STEEL CORPORATION v. VIRGINIA ELECTRIC AND POWER COMPANY and the City of Richmond.

Supreme Court of Virginia.

March 10, 1975.

Attorney(s) appearing for the Case

Julious P. Smith, Jr., Richmond (Robert N. Pollard, Jr., Robert L. Musick, Jr., Williams, Mullen & Christian, Richmond, on brief), for plaintiff in error.

Joseph C. Kearfott, (George D. Gibson, E. Milton Farley, III, Hunton, Williams, Gay & Gibson, Richmond, on briefs), for defendants in error, Virginia Elec. and Power Co.

Albert J. FitzPatrick, Asst. City Atty., for defendant in error, City of Richmond.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

POFF, Justice.

The fundamental question before us is whether Old Dominion Iron & Steel Corporation (Old Dominion) stated a cause of action in its motion for judgment against Virginia Electric and Power Company (Vepco) and City of Richmond, Virginia (the City).

A preliminary question is what properly constitutes the record before us. The final order sustaining the City's demurrer and Vepco's motion for summary judgment, in which the trial court incorporated...

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