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OWEN STEEL CO., INC. v. GEORGE A. FULLER CO.

No. 83 Civ. 1739 (DNE).

563 F.Supp. 298 (1983)

OWEN STEEL COMPANY, INC., Plaintiff, v. GEORGE A. FULLER COMPANY, 45 Broadway Atrium Partners, Parlsford Corporation, Mazel American Partners, Manteca Realty Corporation, N.V., Aramon Realty Corporation, N.V., Lintel Realty Corporation, N.V., Oganti Corporation, N.V., and HRO International, Ltd., Defendants.

United States District Court, S.D. New York.

May 23, 1983.

Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts, New York City, Stokes, Shaprio, Russell & Genberg, Atlanta, Ga., for plaintiff; Sutton Keany, New York City and Herman L. Fussell, Atlanta, Ga., of counsel.

Bachner, Tally & Mantell, New York City, for defendants; H. Richard Penn, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

EDELSTEIN, District Judge:

This is an action for breach of contract in connection with the construction of a building at 45 Broadway, New York. The contract, entered into on April 8, 1982, provided that plaintiff Owen Steel Company, Inc. ("Owen") would furnish and erect the structural steel and metal decking for the construction of the building. Owen alleges that it fully performed its obligations under the contract and that...

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