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GERBER PRODUCTS CO. v. FISHER TANK CO.

No. 86-3039.

833 F.2d 505 (1987)

GERBER PRODUCTS COMPANY, Plaintiff-Appellee, v. FISHER TANK COMPANY, Defendant-Appellant, Earl Goodwin, Jr., d/b/a Commercial Coatings Company, Defendant-Appellee, and Commercial Coatings Company of Apex, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Thomas David Schroeder (S. Fraley Bost; William F. Womble, Jr.; Womble, Carlyle, Sandridge & Rice, on brief), for defendant-appellant.

Hatcher Byrd Kincheloe, Jr. (John F. Morris; Hedrick, Eatman, Gardner & Kincheloe on brief); Phillip J. Smith (Michelle Rippon; Van Winkle, Buck, Wall, Stames and Davis, P.A. on brief), for appellees.

Before RUSSELL, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and KISER, United States District Judge for the Western District of Virginia, sitting by designation.

HAYNSWORTH, Senior Circuit Judge:

A painting and lining contractor, apparently of relatively small size, applied the wrong liner on the interior of a large hot water storage tank used in the processing of baby foods. The consequences may approach the disastrous, but a court may not shift blame away from the one party whose error or mistake was the sole cause of the economic injury.

In 1983 Gerber entered into a contract...

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