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NATHAN CONSTRUCTION COMPANY v. FENESTRA, INCORPORATED

Nos. 19216, 19217.

409 F.2d 134 (1969)

NATHAN CONSTRUCTION COMPANY, a Corporation, Appellant, v. FENESTRA, INCORPORATED, a Corporation, Appellee. Julius NOVAK, Appellant, v. FENESTRA, INCORPORATED, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

April 10, 1969.

Attorney(s) appearing for the Case

Steven J. Riekes, of Beber, Richards & Polack, Omaha, Neb., for appellants.

Robert L. Berry, of Kennedy, Holland, DeLacy & Svoboda, Omaha, Neb., for appellee; Lyman L. Larsen, Omaha, Neb., with him on the brief.

Before BLACKMUN, GIBSON and HEANEY, Circuit Judges.

BLACKMUN, Circuit Judge.

Fenestra, Incorporated, instituted this diversity suit against Nathan Construction Company to recover a balance of $49,817.84 claimed to be due from Nathan under a 1962 construction subcontract for windows and a curtain wall for an Omaha building. Fenestra alleged full performance on its part.

Nathan's answer asserted that the curtain wall which Fenestra supplied was of inferior design and workmanship and did not comply with the controlling...

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