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SHEA-S&M BALL v. MASSMAN-KIEWIT-EARLY

No. 78-1102.

606 F.2d 1245 (1979)

SHEA-S&M BALL, a joint venture, Appellant, v. MASSMAN-KIEWIT-EARLY, a joint venture, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1979.

Rehearing Denied September 6, 1979.

Attorney(s) appearing for the Case

James L. Whitten, Washington, D. C., with whom Neal Henry Hundt and Conrad D. Philos, Washington, D. C., were on the brief, for appellant.

Thomas Pace, Washington, D. C., with whom James F. Jordan, Washington, D. C., was on the brief, for appellee, Massman-Kiewit-Early.

James C. Gregg, Washington, D. C., for appellee, WMATA.

Before BAZELON and ROBINSON, Circuit Judges, and VAN DUSEN, Senior Circuit Judge for the United States Court of Appeals for the Third Circuit.

Opinion for the Court filed by VAN DUSEN, Senior Circuit Judge.

VAN DUSEN, Senior Circuit Judge.

I. INTRODUCTION

This appeal is from a December 2, 1977, district court judgment after a non-jury trial, awarding plaintiff, Shea-S&M Ball (Shea), $14,000.00 in damages. Shea commenced this action sounding in contract and tort against Massman-Kiewit-Early (MKE) and the Washington Metropolitan Area Transit Authority (WMATA) as a result of recurrent...

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