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J. F. WHITE CONTRACTING CO. v. NEW ENGLAND TANK INDUS. OF N. H., INC.

No. 6991.

393 F.2d 449 (1968)

J. F. WHITE CONTRACTING COMPANY, Defendant, Appellant, v. NEW ENGLAND TANK INDUSTRIES OF NEW HAMPSHIRE, INC., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

April 29, 1968.

Attorney(s) appearing for the Case

Irving H. Soden, Concord, N. H., with whom Sulloway, Hollis, Godfrey & Soden, Concord, N. H., was on brief, for appellant.

Lindsey R. Brigham, Portsmouth, N. H., with whom Griffin, Harrington, Brigham & Taylor, Portsmouth, N. H., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This appeal concerns a contract to build oil tanker dock facilities on the Piscataqua river. Appellant, J. F. White Contracting Co. (White) agreed to build the dock, consisting of four cylindrical metal cells filled with sand and gravel, connected with each other and with the shore by catwalks. Appellee, New England Tank Industries of New Hampshire, Inc. (Tank), owner of the premises, sues for defective workmanship. Unlike the Piscataqua itself...

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