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SHERKATE SAHAMI KHASS RAPOL v. HENRY R. JAHN & SON

Cal. No. 57, Docket 82-7200.

701 F.2d 1049 (1983)

SHERKATE SAHAMI KHASS RAPOL (RAPOL CONSTRUCTION CO.), Plaintiff-Appellant, v. HENRY R. JAHN & SON, INC., Defendant-Appellee. HENRY R. JAHN & SON, INC., Defendant and Third-Party Plaintiff-Appellee, v. LUFKIN INDUSTRIES, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 27, 1983.

Attorney(s) appearing for the Case

Caspar F. Ewig, New York City (Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City, on the brief), for plaintiff-appellant.

Frederick H. Block, New York City, for defendant and third-party plaintiff-appellee.

Frank H. Gordon, James N. Blair and Ted G. Semaya, New York City (Rogers, Hoge & Hills, New York City, on the brief), for third-party defendant-appellee.

Before MANSFIELD, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Sherkate Sahami Khass Rapol (hereinafter referred to as "Rapol") appeals from an order of the United States District Court for the Southern District of New York, Cooper, J., dismissing Rapol's complaint at the close of its case. 531 F.Supp. 1048. Rapol brought this action against Henry R. Jahn & Son, Inc. (hereinafter "Jahn") for breach of a contract in which Jahn agreed to supply Rapol with...

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