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NORFOLK & WESTERN CO. v. UNITED STATES

No. 78-3271.

641 F.2d 1201 (1980)

NORFOLK & WESTERN COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, and Dunbar & Sullivan Dredging Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1980.

Attorney(s) appearing for the Case

Robert G. McCreary, Jr. (argued), William J. Miller, Arter & Hadden, Donald Kronenberger, Cleveland, Ohio, for plaintiff-appellant.

James R. Williams, U. S. Atty., Cleveland, Ohio, Michael K. Bell, Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., for defendants-appellees.

Edward J. Cass (argued), Gallagher, Sharp, Fulton, Norman & Mollison, Cleveland, Ohio, for Dunbar & Sullivan.

Before CELEBREZZE, KEITH and MERRITT, Circuit Judges.

KEITH, Circuit Judge.

This appeal is taken from the judgment of the United States District Court for the Northern District of Ohio, the Honorable John M. Manos presiding, dismissing Norfolk & Western Railway Company's complaint alleging 1) that Dunbar had breached provisions of the construction contract of which Norfolk & Western was an intended beneficiary; 2) that the United States and Dunbar were negligent in...

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