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BEVARD v. HOWAT CONCRETE COMPANY

No. 23309.

433 F.2d 1202 (1970)

Samuel S. BEVARD et al., t/a Silver Hill Concrete Co., Appellants, v. HOWAT CONCRETE COMPANY, Inc.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1970.

Attorney(s) appearing for the Case

Mr. Leonard B. Sussholz, Washington, D. C., for appellants.

Mr. Harry L. Ryan, Jr., Washington, D. C., for appellee.

Before TAMM, MacKINNON and ROBB, Circuit Judges.

PER CURIAM:

Samuel S. Bevard, trading as Silver Hill Concrete Co. (hereinafter seller), sold to Howat Concrete Company, Inc. (hereinafter buyer) concrete which was warranted to have a minimum compressive strength of 3,000 pounds per square inch for buyer's use in the construction of the roof deck of a parking garage. Due to a defect in the process by which air was added to and entrained in the concrete at seller's mixing plant, the concrete was defective in that it...

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