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BERGEN v. FOURTH SKYLINE CORPORATION

No. 74-1094.

501 F.2d 1174 (1974)

Joseph C. BERGEN, Appellant, v. FOURTH SKYLINE CORPORATION et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1974.

Attorney(s) appearing for the Case

Lawrence J. Pascal, Washington, D. C. (Lee C. Ashcraft and Joseph H. Koonz, Jr., Washington, D. C., on brief) for appellant.

Norman F. Slenker, Arlington, Va. (Slenker, Brandt, Jennings & O'Neal, Arlington, Va., on brief) for Fourth Skyline Corp.

Frank L. Ball, Jr., Arlington, Va. (Ball, McCarthy, Ball & Green, Arlington, Va., on brief) for Charles E. Smith-Skyline Development Co.

Anthony E. Grimaldi, Washington, D. C. (Cornelius H. Doherty, Jr., Burton Schwalb and Rodney F. Page, Washington, D. C., on brief) for Miller & Long Co. of Va.

Royce A. Spence, Falls Church, Va., for Sterling Concrete Corp.

Henry R. Furr, Falls Church, Va. (Robert W. Dowler, Falls Church, Va., on brief) for Fairfax County and the Fairfax County Bd. of Supervisors.

Before WINTER, CRAVEN, and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Joseph C. Bergen appeals from summary judgment, certified as final under Rule 54(b) of the Federal Rules of Civil Procedure, which exonerated Fourth Skyline Corp., Charles E. Smith-Skyline Development Co., Miller & Long Co., and Sterling Concrete Corp., as well as Fairfax County, Virginia and its Board of Supervisors, from common law liability for injuries caused by the collapse of an apartment building being constructed in the county....

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