JOHN MOHR & SONS v. GMR ASSOCIATES, INC.

No. 15971.

388 F.2d 907 (1968)

JOHN MOHR & SONS, Third-Party Plaintiff and Counter-Defendant-Appellant, v. GMR ASSOCIATES, INC., Third-Party Defendant and Counter-Plaintiff-Appellee.

United States Court of Appeals Seventh Circuit.

January 19, 1968.


Attorney(s) appearing for the Case

William J. O'Brien, Louis P. Miller, Chicago, Ill., for appellant.

Peter V. Fazio, Edward Atlas, Chicago, Ill., for appellee.

Before DUFFY, Senior Circuit Judge, and CASTLE and KILEY, Circuit Judges.


KILEY, Circuit Judge.

John Mohr & Sons (Mohr), third party plaintiff below, appeals from a $1,500 judgment in its favor against third party defendant GMR Associates, Inc. (GMR), and from a judgment for $49,000 in favor of GMR on its counterclaim against Mohr. We reverse and remand.

The basic suit was brought by Freightways Terminal Co. (Freightways) and sought damages from Mohr, its general contractor for the construction of a truck depot, alleging that...

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