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HARBOR INS. CO. v. SCHNABEL FOUNDATION CO., INC.

No. 90-7122.

946 F.2d 930 (1991)

HARBOR INSURANCE COMPANY, Appellant v. SCHNABEL FOUNDATION COMPANY, INC., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 15, 1991.

Rehearing Denied December 9, 1991.

Attorney(s) appearing for the Case

Robert E. Heggestad, Washington, D.C., for appellant.

John C. Lynch, for appellees. Alexander W. Whitaker, Washington, D.C., also entered an appearance, for appellees.

Before EDWARDS, RUTH B. GINSBURG and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This diversity action arises out of a construction dispute between OMNI Construction, Inc., and Schnabel Foundation Company, one of OMNI's subcontractors. Appellant Harbor Insurance, as subrogee of OMNI, appeals from the judgment below on three grounds. Harbor contends that the district court erred in denying its motion for summary judgment based on Schnabel's strict contractual...

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