APAC Carolina, Inc. v. Town of Allendale (41 F.3d 157, 1994)

United States Court of Appeals for the Fourth Circuit 1994-11-23

Citations

Full opinion text

Affirmed by published opinion. Senior Judge HARVEY wrote the opinion, in which Judge MURNAGHAN and Senior Judge SPROUSE joined.

OPINION

ALEXANDER HARVEY, II, Senior District Judge:

This litigation arises out of the construction of a sewage treatment facility for the towns of Allendale and Fairfax, South Carolina (collectively, the “Towns”). After construction of the facility had been completed, APAC Carolina, Inc. (“APAC”), the general contractor on the project, was sued in state court by Welco Construction and Utilities Company, Inc. (