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CONESCO INDUSTRIES v. CONFORTI & EISELE, INC.

No. 78-1588.

627 F.2d 312 (1980)

CONESCO INDUSTRIES, LTD. a New Jersey Corporation, Appellant, v. CONFORTI AND EISELE, INC., D. C. a District of Columbia Corporation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 1980.

Rehearing Denied April 17, 1980.

Attorney(s) appearing for the Case

William A. Dobrovir, Washington, D. C., was on brief, for plaintiff-appellant.

Phillip H. Harris, Washington, D. C., was on brief, for appellee Maryland Casualty Company.

Robert F. Condon, Washington, D. C., also entered an appearance for appellee.

Before MacKINNON and WILKEY, Circuit Judges, and GORDON, United States Senior District Judge for the Western District of Kentucky.

Opinion for the Court filed by Senior District Judge JAMES F. GORDON.

Dissenting Opinion filed by Circuit Judge WILKEY.

JAMES F. GORDON, District Judge:1

This case involves an action brought by the appellant, Conesco Industries, Ltd., (hereinafter Conesco) for compensation for the use of concrete forming materials used in the construction of the Gallerie Mall shopping center. The appellee, Conforti & Eisele, Inc., D...

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