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[Download] "W. F. Magann Corp. v. Diamond Manufacturing Co." by United States Court of Appeals for the Fourth Circuit ~ eBook PDF Kindle ePub Free

W. F. Magann Corp. v. Diamond Manufacturing Co.

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eBook details

  • Title: W. F. Magann Corp. v. Diamond Manufacturing Co.
  • Author : United States Court of Appeals for the Fourth Circuit
  • Release Date : January 22, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

Before PHILLIPS and WILKINSON, Circuit Judges, and KISER, United States District Judge for the Western District of Virginia, sitting by designation. KISER, District Judge This appeal arises out of a contractual dispute over the dredging of the Murrell's Inlet Project (""Project"") in Murrell's Inlet, South Carolina. Plaintiff-Appellant W. F. Magann Corporation (""Magann"") brought suit against Defendant-Appellee Diamond Manufacturing Company (""Diamond"") for breach of a subcontract. Diamond counter-claimed under the Miller Act, 40 U.S.C. § 270(a-d). The case was tried before Judge Falcon B. Hawkins, United States District Judge for the District of South Carolina without the assistance of a jury. Judge Hawkins held that Magann breached the contract and that Diamond was justified in rescinding the contract. As a result, the Court held that Diamond was entitled to damages measured in quantum meruit. Magann appeals this decision.


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