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SAFER v. PERPER

Nos. 75-1576 and 75-1577.

569 F.2d 87 (1977)

John H. SAFER et al. v. Frank M. PERPER et al. DONOHOE CONSTRUCTION COMPANY, INC., a Maryland Corporation, Appellant, v. DWOSKIN, INC., et al., Third-Party Defendants. John H. SAFER et al., Appellants, v. Frank M. PERPER et al. v. DWOSKIN, INC., et al., Third-Party Defendants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 1977.

As Amended December 8, 1977.

Attorney(s) appearing for the Case

Joseph V. Gartlan, Jr., Washington, D. C., with whom Dorothy Sellers, Washington, D. C., was on the brief, for appellant in No. 75-1576 and Donohoe Const. Co., Inc., appellee in No. 75-1577.

Thomas S. Jackson, Washington, D. C., for appellants Safer et al. in No. 75-1577 and appellees Safer et al. in No. 75-1576. Patricia D. Gurne, Washington, D. C., also entered an appearance for appellants Safer et al. in No. 75-1577 and appellees Safer et al. in No. 75-1576.

Richard W. Galiher, Washington, D. C., for appellants Perper et al. in No. 75-1577 and appellees Perper et al. in No. 75-1576.

Before DANAHER, Senior Circuit Judge, and McGOWAN and TAMM, Circuit Judges.

Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

We are called upon to review various rulings of the United States District Court for the District of Columbia in a case concerning the alleged breach of a construction contract for a Holiday Inn motel located in Chevy Chase, Maryland. We are presented with issues concerning the capacity of various entities to recover on the construction contract, the liability of the contractor, and the...

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