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KUNIANSKY v. D. H. OVERMYER WAREHOUSE CO.

No. 25948.

406 F.2d 818 (1969)

Max L. KUNIANSKY, Appellant, v. D. H. OVERMYER WAREHOUSE CO., Inc., Appellee. D. H. OVERMYER WAREHOUSE CO., Inc., Appellant, v. Max L. KUNIANSKY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 10, 1969.

Attorney(s) appearing for the Case

William G. Grant, Sidney Parks, Grant, Spears & Duckworth, Atlanta, Ga., for Appellant.

Russell Morton Brown, Washington, D. C. Scott Charlton, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., Brown, Goodpasture & Block, Washington, D. C., Edmund M. Connery, Gen. Counsel, New York City, for appellee and cross-appellant.

Before JOHN R. BROWN, Chief Judge, TUTTLE, Circuit Judge, and FISHER, District Judge.

Rehearing En Banc Denied February 10, 1969.

FISHER, District Judge:

This appeal challenges the district court's holding that the defendant Kuniansky as builder-contractor was liable for breach of contractual warranty respecting foundation construction for a warehouse built for the plaintiff Overmyer. Kuniansky alleges the trial court erred in finding a lease contract and a separate contemporaneously executed option-to-purchase to be a single complete agreement...

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