FATTORE COMPANY v. METROPOLITAN SEWERAGE COMMISSION OF COUNTY OF MILWAUKEE

No. 69-C-420.

313 F.Supp. 208 (1970)

FATTORE COMPANY, Inc., Plaintiff, v. METROPOLITAN SEWERAGE COMMISSION OF the COUNTY OF MILWAUKEE, Defendant.

United States District Court, E. D. Wisconsin.

May 14, 1970.


Attorney(s) appearing for the Case

Brady, Tyrrell, Cotter & Cutler, by Richard W. Cutler, Milwaukee, Wis., for plaintiff.

Schroeder, Gedlen, Riester & Moerke, Milwaukee, Wis., for defendant.


DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendant has moved for summary judgment. The plaintiff is a construction company which contracted to build a sewer for the defendant. In this action, the plaintiff asks for damages for expenses incurred over and above the contract price.

As a basis for its motion, the defendant pleads a bar to the action under Article 7 of the contract, which reads:

"CONTRACTOR PRECLUDED FROM SUING...

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