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LEWIS INDUSTRIES v. BARHAM CONST. INC.

No. 88-3674.

878 F.2d 1230 (1989)

LEWIS INDUSTRIES, a Montana corporation, d/b/a Lewis Construction Company, Western Sign Corporation, Highway Specialties, Inc., Northern Construction Company, Rocky Mountain Ready Mix, Western Contractors, Inc., Concrete Service Company and Nationwide Electric Corporation, Plaintiffs-Appellants, v. BARHAM CONSTRUCTION INC.; Trinity Industries, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1989.

Attorney(s) appearing for the Case

Patrick F. Flaherty, Flaherty & Winner, Great Falls, Mont., for plaintiffs-appellants.

J. Richard Orizotti, Poore, Roth & Robinson, Butte, Mont., and Frederick W. Addison, III, Rader, Addison & Story, Dallas, Tex., for defendants-appellees.

Before GOODWIN, WRIGHT and NORRIS, Circuit Judges.

PER CURIAM:

Appellant Lewis Industries ("Lewis") appeals from an order of the district court affirming a summary judgment of the bankruptcy court in favor of appellee Trinity Industries ("Trinity"). We have jurisdiction under 28 U.S.C. § 158(d), and we affirm.

Lewis is a highway subcontractor, specializing in building and installing items such as signs, medians, guardrails and similar highway accessories. Trinity is a guardrail manufacturer. In early...

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