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JOHN E. GREEN PLUMBING & HEATING v. TURNER CONST.

No. 83-1116.

742 F.2d 965 (1984)

JOHN E. GREEN PLUMBING AND HEATING COMPANY, INC., Plaintiff-Appellant, v. TURNER CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1984.

Rehearing Denied November 6, 1984.

Attorney(s) appearing for the Case

Bruce L. Sendek, argued, C. William Garratt & Associates, Bloomfield Hills, Mich., for plaintiff-appellant.

William Wallace, argued, Thompson, Hine & Flory, Stephen F. Gladstone, Cleveland, Ohio, for defendant-appellee.

Before MARTIN and KRUPANSKY, Circuit Judges, and McRAE, Chief District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

In this diversity case, Green Plumbing and Heating appeals the district court's summary judgment and directed verdict in favor of Turner Construction Company. The main issues on appeal are the effect to be given a "no-damage-for-delay" clause in Green's construction contract with the City of Detroit and the adequacy of Green's proof of damages.

Green Plumbing was the plumbing and fire-sprinkler contractor for construction...

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