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L.K. COMSTOCK & CO. v. UNITED ENG. & CONSTRUCTORS

No. 87-2502.

880 F.2d 219 (1989)

L.K. COMSTOCK & COMPANY, INC., a New York Corporation; A. & M. Electric Company, also known as A. & M. Comstock, a New Mexico Corporation, Plaintiffs-Appellants, v. UNITED ENGINEERS & CONSTRUCTORS INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1989.

As Amended September 8, 1989.

Attorney(s) appearing for the Case

David G. Lane, Venable, Baetjer and Howard, McLean, Va., for plaintiffs-appellants.

James A. Teilborg, Bruce A. Pelkey, Teilborg, Sanders & Parks, P.C., Phoenix, Ariz., for defendant-appellee.

Arthur E. Schwartz, Alexandria, Va., for the amicus curiae, Nat. Soc. of Professional Engineers.

Gerard W. Ittig, Robert H. Rubenstein, Kasimer & Ittig, Washington, D.C., Charles J. Wisch, Goldstein & Philips, San Francisco, Cal. and James W. Polk, West Sacramento, Cal., for the amici curiae, Nat. Elec. Contractors Ass'n, Inc. and Associated Gen. Contractors of California, Inc.

Before HUG, TANG and BOOCHEVER, Circuit Judges.

TANG, Circuit Judge:

I. Factual Background

In order to comply with a New Mexico air quality control regulation, the Arizona Public Service Company ("APS") arranged for the construction of a particulate removal project ("PRP"). Specifically, on or about April 1, 1979, APS entered into a contract with general contractor United Engineers & Constructors, Inc. ("UE & C") in which UE & C agreed to construct the PRP.

UE & C then set...

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