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MIDDLETOWN ENG. v. CLIMATE CONDITIONING

810 S.W.2d 57 (1991)

MIDDLETOWN ENGINEERING COMPANY, Appellant, v. CLIMATE CONDITIONING COMPANY, INC., Appellee. MIDDLETOWN ENGINEERING COMPANY, Appellant, v. CLIMATE CONDITIONING COMPANY, INC., and Carnes Company, Inc., Appellees. CLIMATE CONDITIONING COMPANY, INC., Cross-Appellant, v. CARNES COMPANY, INC., Cross-Appellee.

Court of Appeals of Kentucky.

As Modified May 31, 1991.

Attorney(s) appearing for the Case

Richard C. Oldham, Jr., Louisville, for Middletown Engineering Co.

Brian E. Clare, Louisville, for Climate Conditioning Co., Inc.

Robert G. Breetz, Kelly Mark Easton, Stites and Harbison, Louisville, for Carnes Co., Inc.

Before LESTER, C.J., and STUMBO and WILHOIT, JJ.

WILHOIT, Judge.

These are appeals from a summary judgment by the Jefferson Circuit Court in a breach of warranty action. The appellant Middletown Engineering Company was a subcontractor for Whittenberg Engineering & Construction Company on a construction project involving an addition to the Veteran's Administration Medical Center in Louisville, Kentucky. Middletown purchased a quantity of variable air volume boxes which were installed in the Medical Center as...

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