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BURLINGTON v. ARNOLD CONST. CO., INC.

727 S.W.2d 241 (1987)

BURLINGTON, a joint venture composed of Creason Clayton Construction Company, Inc., and Four-O-One Financial Corp., Plaintiff-Appellee, v. ARNOLD CONSTRUCTION COMPANY, INC., Auto-Owners (Mutual) Insurance Company of Lansing, Michigan, Defendants-Appellants, and Miller, Wihry & Lee, Inc., a/k/a Miller/Wihry/Lee, Inc., Defendant-Appellee.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Certiorari Denied March 30, 1987.

Attorney(s) appearing for the Case

Ward Dewitt, Jr., Clark Tidwell, Nashville, for defendants-appellants.

William L. Rosenberg, Peter H. Curry, John A. Day, Nashville, for plaintiff-appellee.

Certiorari Denied by Supreme Court March 30, 1987.

OPINION

TODD, Presiding Judge.

This is a suit for defective performance of a contract to fill a ravine. The Chancellor awarded the property owner a judgment against the contractor and its surety and dismissed the countersuit of the contractor against the owner and the cross-suit of the contractor against a co-defendant engineer. The contractor and its surety have appealed.

Plaintiff is the...

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