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GANTRY CONSTR. CO. v. AMERICAN PIPE & CONSTR. CO.

Docket No. 42805.

49 Cal.App.3d 186 (1975)

122 Cal. Rptr. 834

GANTRY CONSTRUCTION COMPANY, INC., Cross-complainant and Respondent, v. AMERICAN PIPE AND CONSTRUCTION COMPANY, Cross-defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

June 18, 1975.

Attorney(s) appearing for the Case

COUNSEL

Beardsley, Hufstedler & Kemble, Seth M. Hufstedler, John Sobieski and Peter O. Israel for Cross-defendant and Appellant.

Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Caras & Evangelatos, George Caras and Herman F. Selvin for Cross-complainant and Respondent.

OPINION

KINGSLEY, Acting P.J.

In September 1966, appellant, American Pipe and Construction Co. (Ameron)1 contracted to sell a substantial quantity of pipe2 to respondent, Gantry Construction Company (Gantry), for use in constructing a project for the City of Los Angeles. The contract called for delivery of the pipe in installments, for invoicing the delivered pipe, and for...

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