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PAUL N. HOWARD CO. v. PUERTO RICO AQUEDUCT SEWER AUTHORITY

No. 83-1824.

744 F.2d 880 (1984)

PAUL N. HOWARD COMPANY, Plaintiff, Appellee, v. PUERTO RICO AQUEDUCT SEWER AUTHORITY, Defendant, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 29, 1984.

Rehearing Denied October 11, 1984.

Attorney(s) appearing for the Case

Paul A. Lenzini, Washington, D.C., with whom Luis Guinot, Jr., William A. Hutchins, Washington, D.C., Hernando A. Rivera and Chapman, Duff & Paul, Hato Rey, P.R., were on brief, for defendant, appellant.

Steven C. Lausell, Hato Rey, P.R., with whom Jimenez & Fuste, Hato Rey, P.R., was on brief, for appellees.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

COFFIN, Circuit Judge.

This dispute arises out of an unsuccessful attempt to lay a 66-inch diameter concrete sewer pipe along a route almost two miles long in Mayaguez, Puerto Rico. The plaintiff, Paul N. Howard Company ("Howard"), was hired by the defendant, the Puerto Rico Aqueduct and Sewer Authority ("PRASA"), to construct the pipeline. Howard claims that due to an unexpected site condition it was impossible to build...

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