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H.H. ROBERTSON v. V.S. DiCARLO GEN. CONTRACTORS

Nos. 91-1135, 91-1431 and 91-1783.

950 F.2d 572 (1991)

H.H. ROBERTSON COMPANY, CUPPLES PRODUCTS DIVISION, Appellee, v. V.S. DiCARLO GENERAL CONTRACTORS, INC., Appellant (Three Cases).

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1991.

Attorney(s) appearing for the Case

Mark G. Arnold, St. Louis, Mo., argued (Jeffrey J. Kalinowski and Catherine Hope Craig, on brief), for appellant.

Charles A. Weiss, St. Louis, Mo., argued (Thomas C. Walsh and Douglas W. King, on brief), for appellee.

Before McMILLIAN, Circuit Judge, and FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

WOLLMAN, Circuit Judge.

In this diversity case, H.H. Robertson, Cupples Products Division (Cupples), brought a contract action against V.S. DiCarlo General Contractors, Inc. (DiCarlo), and DiCarlo counterclaimed. A jury found for Cupples, and DiCarlo appeals. We affirm in part and reverse in part.

I.

DiCarlo was the general contractor for the construction of the Two Pershing Square office building in Kansas City, Missouri. DiCarlo constructed the...

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