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CITY OF RICHMOND, VA. v. MADISON MANAGEMENT GROUP

Nos. 89-2748, 89-2776, 89-2798 and 89-2801.

918 F.2d 438 (1990)

CITY OF RICHMOND, VIRGINIA, Plaintiff-Appellee, v. MADISON MANAGEMENT GROUP, INC.; GHA Lock Joint, Inc., Defendants-Appellants (Two Cases). CLEVEPAK CORPORATION; Marbro Company, Inc., Defendants & Third Party Plaintiffs, v. WHITMAN, REQUARDT AND ASSOCIATES, Third Party Defendant (Two Cases). CITY OF RICHMOND, VIRGINIA, Plaintiff-Appellant, v. MADISON MANAGEMENT GROUP, INC.; GHA Lock Joint, Inc.; Marbro Company, Inc., Defendants-Appellees. CLEVEPAK CORPORATION, Defendant & Third Party Plaintiff, v. WHITMAN, REQUARDT AND ASSOCIATES, Third Party Defendant. CITY OF RICHMOND, VIRGINIA, Plaintiff-Appellee, v. MARBRO COMPANY, INC., Defendant & Third Party Plaintiff-Appellant, and Madison Management Group, Inc.; GHA Lock Joint, Inc., Defendants. CLEVEPAK CORPORATION, Defendant & Third Party Plaintiff, v. WHITMAN, REQUARDT AND ASSOCIATES, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 1990.

As Amended November 6, 1990.

Attorney(s) appearing for the Case

Robert Franklin Brooks, Sr., Hunton & Williams, Richmond, Va., Stephen Joseph Annino, Kasimer & Ittig, P.C., Falls Church, Va., argued (Joseph H. Kasimer, Kasimer & Ittig, P.C., Falls Church, Va., G.H. Gromel, Jr., Matthew J. Calvert, Hutton & Williams, Richmond, Va., Kent E. Mast, Alan M. Wolper, Peter H. Strott, Scott R. Phillips, Hunton & Williams, Atlanta, Ga., on the brief), for defendants-appellants.

David Henry Worrell, Jr., McGuire, Woods, Battle & Boothe, Richmond, Va., argued (E. Duncan Getchell, Jr., William G. Broaddus, Jr., J. William Boland, Charles Wm. McIntyre, Jr., McGuire, Woods, Battle & Boothe, Richmond, Va., G. Timothy Oksman, City Atty., Michael K. Jackson, David B. Kearney, Asst. City Atty., Richmond, Va., on the brief), for plaintiff-appellee.

Before HALL and MURNAGHAN, Circuit Judges, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

MURNAGHAN, Circuit Judge:

Interpace Corporation ("Interpace") was a manufacturer of concrete pipe. Interpace sold some of its pipe to Marbro Company, Incorporated ("Marbro"), for use in a contract between Marbro and the City of Richmond ("the City"), under which Marbro was to construct a water transmission main. Some of that pipe has proved to be defective. The case before us concerns the City's attempts to impose liability for the defective pipe upon Marbro and two...

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