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IN RE ATLAS CONCRETE PIPE, INC.

No. 79-1324.

668 F.2d 905 (1982)

In re ATLAS CONCRETE PIPE, INC., Bankrupt. ATLAS CONCRETE PIPE, INC., Plaintiff-Appellee, v. ROGER J. AU & SON, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 18, 1982.

Rehearing Denied March 9, 1982.

Attorney(s) appearing for the Case

Edward C. Baran, Baran & Baran, Mansfield, Ohio, G. Cameron Buchanan, Buchanan, Ogne & Jinks, Troy, Mich., Joseph S. Radom, Detroit, Mich., for defendant-appellant.

Dennis M. Haley, Winegarden, Booth, Ricker, Shedd & Haley, Flint, Mich., for plaintiff-appellee.

Before MARTIN and JONES, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

In this diversity action, Roger J. Au & Son, Inc., defendant-appellant, appeals from a decision of the District Court for the Eastern District of Michigan finding it liable to plaintiff-appellee, Atlas Concrete Pipe, Inc., for breach of a contract for the supply of steel reinforced concrete pipe. Atlas filed this suit over a decade ago, claiming that Au had failed to pay on the contract. Au counterclaimed charging Atlas with delays...

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