FRANK BRISCOE CO. v. MORRISON-KNUDSEN CO.

No. 84-2451.

776 F.2d 1414 (1985)

FRANK BRISCOE COMPANY, INC., a corporation, Plaintiff-Appellant, v. MORRISON-KNUDSEN COMPANY, INC., a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 1985.


Attorney(s) appearing for the Case

James J. Jimmerson, James J. Jimmerson & Associates, Morton R. Galane, Las Vegas, Nev., Louis Pepe, Pepe & Hazard, Hartford, Conn., for plaintiff-appellant.

Will Kemp, Las Vegas, Nev., Richard Seabolt, Hancock, Rothert & Bunshoft, San Francisco, Cal., Roger Erickson, Erickson, Thorpe, Swainston & Cobb, Ltd., Reno, Nev., H. James Wulfsberg, Lempres & Wulfsberg, Oakland, Cal., for defendants-appellees.

Before DUNIWAY, HALL, and WIGGINS, Circuit Judges.


OPINION

DUNIWAY, Circuit Judge:

I. Procedural Background.

Frank Briscoe Company, Inc. (Briscoe) was the general contractor on the construction of an Advanced Wastewater Treatment Plant in Clark County, Nevada. Briscoe filed this action in the United States District Court for the District of Nevada, for breach of contract and tort against the owner of the project, Clark County Sanitation District Number 1 (District), and against the engineer...

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