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ARROW-HART, INC. v. PHILIP CAREY CO.

No. 76-2297.

552 F.2d 711 (1977)

ARROW-HART, INC., et al., Appellants, v. PHILIP CAREY CO., Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 7, 1977.

Attorney(s) appearing for the Case

Robert Cetrulo, Covington, Ky., for Arrow-Hart.

William H. McCann, Lexington, Ky., for Fisk-Rinehart.

W. Roger Fry, Cincinnati, Ohio, for B&E Roofing Co.

William O. Bertelsman, Bertelsman & Bertelsman, P.S.C., Newport, Ky., for Covert Hills.

R. Joseph Parker, Cincinnati, Ohio, for appellee.

Before PHILLIPS, Chief Judge, and WEICK and LIVELY, Circuit Judges.

PHILLIPS, Chief Judge.

This is a diversity of citizenship case involving an alleged breach of contract. The litigation concerns a roof installed on a building in Boone County, Kentucky, originally costing almost a million dollars. The events out of which the litigation arises occurred during the years 1967-1969.

The case was tried before United States District Judge Mac Swinford, sitting without a jury, in 1974, and required 19 trial days and an additional...

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