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JANKE CONST. CO., INC. v. VULCAN MATERIALS CO.

No. 75-1120.

527 F.2d 772 (1976)

JANKE CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. VULCAN MATERIALS COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 6, 1976.

Attorney(s) appearing for the Case

Claude J. Covelli, Madison, Wis., for defendant-appellant.

John W. Kelley, Wausau, Wis., for plaintiff-appellee.

Before STEVENS, Circuit Justice, PELL, Circuit Judge, and PERRY, Senior District Judge.

PERRY, Senior District Judge.

This is an appeal from a judgment of the District Court in favor of the plaintiff below, Janke Construction Company, Inc. (hereinafter "Janke"), in an action for damages resulting from the failure of defendant below, Vulcan Materials Company (hereinafter "Vulcan"), to provide Janke with appropriate subaqueous pipe and fittings for a marine construction project upon which Janke was the successful bidder. The complaint alleged that prior...

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