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MARMET CORPORATION v. FRANK BRISCOE CO.

Nos. 17276, 17277.

382 F.2d 906 (1967)

MARMET CORPORATION, Plaintiff-Appellant, v. FRANK BRISCOE CO. et al., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

September 18, 1967.

Attorney(s) appearing for the Case

George I. Meisel, Cleveland, Ohio, Squire, Sanders & Dempsey, James C. Davis, Cleveland, Ohio, on brief, Alan P. Buchmann, Cleveland, Ohio, Moore, Costello & Hart, B. Warren Hart, St. Paul, Minn., of counsel, for appellant.

Smith Warder, Cleveland, Ohio, Arter, Hadden, Wykoff & Van Duzer, Ashley M. Van Duzer, Latham W. Murfey, Jr., Cleveland, Ohio, Levy, McCloskey & Schlesinger, Newark, N. J., on brief, for appellees.

Before EDWARDS, CELEBREZZE and COMBS, Circuit Judges.

COMBS, Circuit Judge.

Defendants-appellees, Frank Briscoe Co. and Huber, Hunt & Nichols,1 are the general contractors for the construction of a new Federal Office Building in Cleveland, Ohio.

Plaintiff-appellant, Marmet Corporation, is a subcontractor to fabricate and install the curtain wall of the building. Curtain wall consists of lightweight metal panels which are fitted to the skeletal frame of the building.

The...

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