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INRYCO, INC. v. EATHERLY CONST. CO.

No. 85-5640.

793 F.2d 767 (1986)

INRYCO, INC., Plaintiff-Appellee, v. EATHERLY CONSTRUCTION COMPANY and Safeco Insurance Company of America, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 19, 1986.

Attorney(s) appearing for the Case

Angus Gillis, III (argued), Shulman, Leroy and Bennett, Nashville, Tenn., W. Wayne LeRoy, for defendants-appellants.

Elizabeth Penn Payne (argued), Vaughan, Phears, Roach, Davis & Murphy, Atlanta, Ga., C. Eric Stevens, Trabue, Sturdivant & Dewitt, Nashville, Tenn., for plaintiff-appellee.

Before KRUPANSKY and GUY, Circuit Judges, and HOLSCHUH, District Judge.

RALPH B. GUY, Jr., Circuit Judge.

Defendants, Eatherly Construction Company (Eatherly) and Safeco Insurance Company of America (Safeco), appeal from a grant of summary judgment to plaintiff, Inryco, Inc. (Inryco), after the filing by the parties of cross-motions for summary judgment. At issue was whether Inryco, as a supplier of materials to a highway project on which Eatherly was the general contractor, was within the ambit of protection provided under performance...

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