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WHITAKER-MERRELL CO. v. PROFIT COUNSELORS, INC.

No. 83-3869.

748 F.2d 354 (1984)

WHITAKER-MERRELL COMPANY, Plaintiff-Appellant, v. PROFIT COUNSELORS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 26, 1984.

Attorney(s) appearing for the Case

Richard A. Frye (argued), Knepper, White, Arter & Hadden, Columbus, Ohio, for plaintiff-appellant.

John H. Burtch (argued), Baker & Hostetler, Terence P. Kemp, Columbus, Ohio, for defendant-appellee.

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

BOYCE F. MARTIN, Jr., Circuit Judge.

This is a diversity action for breach of contract and negligence. Whitaker-Merrell is engaged in the construction industry in Columbus, Ohio. Much of its work is obtained through the public competitive bidding process. Profit Counselors operates as a professional business consultant. Whitaker-Merrell brought this action for damages sustained as a result of its reliance on an overhead allocation system designed by Profit Counselors...

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