Legal Opinion
City of Parkersburg v. Turner Construction Co.
District Court, N.D. West Virginia
Decided November 7, 1977No. Civ. A. No. 74-9-PPublishedCited by 3 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
HADEN, District Judge.
Plaintiffs filed this civil action in the Circuit Court of Wood County, West Virginia. The Defendant removed the action to this Court on the basis of diversity of citizenship, pursuant to 28 U.S.C. § 1332.
The action centers around the construction and interpretation of a contract between the Plaintiffs and the Defendant. Count I of the complaint seeks to establish a Guaranteed Maximum Cost provision in *675the contract under the theory of waiver and estoppel. Count II seeks establishment of the figure through modification. Count III…
2Cases cited12 opinions
- Order of United Commercial Travelers of America v. WolfeSupreme Court of the United States · 1947
- Board of Education v. W. Harley Miller, Inc.West Virginia Supreme Court · 1977
- Orvner D. Biggs v. Norfolk Dredging Company, Samuel J. Clowers v. Tidewater-Raymond-KiewitCourt of Appeals for the Fourth Circuit · 1966
- BOARD OF ED., ETC. v. W. Harley Miller, Inc.West Virginia Supreme Court · 1975
- Pettus v. Olga Coal Co.West Virginia Supreme Court · 1952
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3Cited by3 opinions
- City of Parkersburg v. Turner Construction Co.Court of Appeals for the Fourth Circuit · 1980
- The City of Parkersburg, West Virginia, Etc. v. Turner Construction Company, a Corporation, the City of Parkersburg, West Virginia, Etc. v. Turner Construction Company, a CorporationCourt of Appeals for the Fourth Circuit · 1980
- Zando, Martin & Milstead, Inc. v. State Building CommissionWest Virginia Court of Claims · 1980