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SAN FRANCISCO REAL ESTATE v. J.A. JONES CONST.

No. 81-3712.

703 F.2d 976 (1983)

SAN FRANCISCO REAL ESTATE INVESTORS, Plaintiff-Appellant, v. J.A. JONES CONSTRUCTION COMPANY, Harold A. Berry & Associates, Harold A. Berry, Hixson, Architects/Engineers, Hixson, Tarter & Merkel, and Louis W. Hixson, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 6, 1983.

Attorney(s) appearing for the Case

Thomas Y. Allman (argued), Kim K. Burke, Taft, Stettinius & Hollister, Cincinnati, Ohio, for plaintiff-appellant.

Gary L. Herfel (argued), Cincinnati, Ohio, for defendants-appellees.

James J. Montgomery, Bloom & Greene Co., L.P.A., Cincinnati, Ohio, for Berry.

W. Roger Fry, Cincinnati, Ohio, for Hixson.

Before KRUPANSKY and WELLFORD, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

Plaintiff-appellant seeks damages for costs it incurred to repair a parking deck at a building in Cincinnati it owns which appellees planned and constructed as architect and builder-contractor.

The United States District Court for the Southern District of Ohio granted summary judgment for the appellees. 524 F.Supp. 768 (S.D.Ohio 1981). Applying Ohio law, the District Court ruled that since appellant was a subsequent...

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