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W.F. MAGANN CORP. v. DIAMOND MFG. CO., INC.

Civ. A. No. 81-1149-1.

580 F.Supp. 1299 (1984)

W.F. MAGANN CORPORATION, a Virginia corporation, Plaintiff, v. DIAMOND MANUFACTURING COMPANY, INC., d/b/a Marine Constructors, a Georgia corporation, and Aetna Casualty and Surety Company, a Connecticut corporation, Defendants.

United States District Court, D. South Carolina, Charleston Division.

February 22, 1984.

Attorney(s) appearing for the Case

G. Dana Sinkler, Charleston, S.C., Edgar H. MacKinlay, Norfolk, Va., for plaintiff.

A. Camden Lewis, Columbia, S.C., Donald E. Austin, William H. Moore, Jr., Savannah, Ga., M. Dawes Cooke, Charleston, S.C., M. Tyrus Butler, Jr., and Frank W. Seiler, Savannah, Ga., for defendants.

ORDER AND JUDGMENT

HAWKINS, District Judge.

This case, heard by the court without a jury during its July 1983 term in Charleston, South Carolina, arose as a result of a dispute between the primary contractor on the Corps of Engineers Murrell's Inlet Navigation Project ("Project"), W.F. Magann Corporation ("Magann"), and the dredging subcontractor, Diamond Manufacturing Company, Inc. ("Diamond"). Magann brought this action against Diamond and its surety,...

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