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CEDAR RAPIDS COMMUNITY SCH. DIST. v. R. F. BALL CONST. CO.

Civ. No. 64-C-7-CR.

237 F.Supp. 965 (1965)

CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT IN the COUNTY OF LINN, STATE OF IOWA, Plaintiff, v. R. F. BALL CONSTRUCTION COMPANY, Inc., Southwest Ball Construction Company and Leo A. Daly Company, Defendants.

United States District Court N. D. Iowa, Cedar Rapids Division.

February 1, 1965.

Attorney(s) appearing for the Case

F. James Bradley, James W. Crawford, Cedar Rapids, Iowa, for plaintiff.

Simon & Simon, Fort Worth, Tex. and Barnes, Wadsworth, Elderkin, Locher & Pirnie, Cedar Rapids, Iowa, for defendant Ball Companies.

Silliman, Gray & Stapleton, Cedar Rapids, Iowa and Messer & Cahill, Iowa City, Iowa, for Economy Roofing Company.

Thomas M. Collins, William H. Ryan and James H. Carter, Cedar Rapids, Iowa, for defendant Leo A. Daly Company.

McMANUS, Chief Judge.

This matter is before the court on the Motion to Dismiss of defendant Leo A. Daly Company (Daly), filed June 22, 1964, and plaintiff's resistance thereto.

In the two Divisions of its Complaint, filed March 2, 1964, plaintiff, an Iowa school corporation, seeks damages from the general contractors and the architect allegedly resulting from defective construction of the roofs of two high school buildings in Cedar Rapids, Iowa.

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