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LINCOLN PULP & PAPER CO., INC. v. DRAVO CORP.

Civ. No. 74-65 ND.

445 F.Supp. 507 (1977)

LINCOLN PULP & PAPER CO., INC., Plaintiff, v. DRAVO CORPORATION, Defendant and Third-Party Plaintiff, v. BABCOCK & WILCOX COMPANY, Koppers Company, and Whiting Corporation, Third-Party Defendants.

United States District Court, D. Maine, N. D.

August 11, 1977.

Attorney(s) appearing for the Case

Arnold L. Veague, Bernard J. Kubetz, Bangor, Maine, Manly Fleischmann, William L. D. Barrett, Caroline M. Martin, Charles T. Lee, New York City, for plaintiff.

Ralph I. Lancaster, Ernest J. Babcock, Jotham D. Pierce, Jr., Howard H. Dana, Jr., John W. Philbrick, Portland, Maine, Gene Carter, Paul W. Chaiken, Bangor, Maine, Gerald F. Petruccelli, Thomas A. Cox, Portland, Maine, Allan Tupper Brown, Washington, D.C., Richard J. Relyea, Bangor, Maine, Robert W. Poore, Cleveland, Ohio, for defendants.

MEMORANDUM AND ORDER OF THE COURT

GIGNOUX, District Judge.

At the third-party preliminary trial, which was held on June 8 and 9, 1977, defendant and third-party plaintiff Dravo Corporation (Dravo) and third-party defendants Babcock & Wilcox Company (B & W), Koppers Company (Koppers) and Whiting Corporation (Whiting) presented evidence on the composition of their respective contracts for the sale by the...

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