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RALSTON DRY-WALL CO., INC. v. U.S. GYPSUM CO.

No. 90-1707.

926 F.2d 99 (1991)

RALSTON DRY-WALL COMPANY, INC., Plaintiff, Appellant, v. UNITED STATES GYPSUM CO. and Robert J. Clark, Appellees.

United States Court of Appeals, First Circuit.

Decided February 22, 1991.

Attorney(s) appearing for the Case

Richard W. Petrocelli with whom Girard R. Visconti, Mark J. Hagopian, and Visconti & Petrocelli Ltd., Providence, R.I., were on brief, for plaintiff, appellant.

Alan M. Block with whom Robert D. Friedman and Green Friedman and Packer, Boston, Mass., were on brief, for appellees.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

BREYER, Chief Judge.

Ralston Dry Wall, the appellant, entered a subcontractor's bid for outside wall installation work on a building project. Ralston won the bid, but it turned out that Ralston had calculated its price on the assumption that it could use appellee United States Gypsum's "Fly-By" wall system. That system failed to meet the project architect's specifications and Ralston had to install a more expensive system at its own expense. Ralston has sued Gypsum...

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