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BURBIC CONTRACTING CO., INC. v. CEMENT ASBESTOS PROD. CO.

80-218, 80-218A.

409 So.2d 1 (1982)

BURBIC CONTRACTING CO., INC. v. CEMENT ASBESTOS PRODUCTS COMPANY, a corp., Hartford Accident and Indemnity Company, a corp., and Robintech Incorporated, a corp. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corp. v. CEMENT ASBESTOS PRODUCTS COMPANY, a corp.

Supreme Court of Alabama.

January 8, 1982.

Attorney(s) appearing for the Case

James W. May of Odom & May, Birmingham, for appellant Burbic Contr. Co.

Charles E. Sharp, Mac B. Greaves & Catherine E. Crudup of Sadler, Sadler, Sullivan, Sharp & Stutts, Birmingham, for appellant Hartford Acc. & Indemn. Co.

L. Vastine Stabler, Jr. and Lee E. Bains, Jr. of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellee Cement Asbestos Products.

Stephen D. Heninger of Hare, Wynn, Newell & Newton, Birmingham, for appellee Robintech, Inc.

FAULKNER, Justice.

Cement Asbestos Products Company (CAPCO), a manufacturer and supplier of pipe, brought suit against Burbic Contracting Company for the price of materials sold to it under an oral agreement. Burbic, in its answer, asserted that the pipes were defective and developed leaks and counterclaimed against CAPCO. CAPCO claimed that the pipe in question was not defective and that the leaks were caused by the improper installation of the pipes by Burbic's...

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