TRANSDULLES CENTER INC. v. USX CORP.

Nos. 91-1791, 91-1792.

976 F.2d 219 (1992)

TRANSDULLES CENTER, INCORPORATED; Board of Supervisors of Loudoun County, Virginia, Plaintiffs-Appellees, v. USX CORPORATION; The Federal Insurance Company, Defendants-Appellees, v. GANNETT FLEMING CIVIL ENGINEERING, INCORPORATED, Third Party Defendant-Appellant. TRANSDULLES CENTER, INCORPORATED; Board of Supervisors of Loudoun County, Virginia, Plaintiffs-Appellees, v. USX CORPORATION; The Federal Insurance Company, Defendants-Appellants, v. GANNETT FLEMING CIVIL ENGINEERING, Incorporated, Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 28, 1992.

As Amended November 3, 1992.


Attorney(s) appearing for the Case

James F. Lee, Jr., Carr, Goodson & Lee, P.C., Washington, D.C., argued (William J. Carter, Fairfax, Va., on the brief), for defendants-appellants.

Wayne Lee Emery, USX Corp., Pittsburgh, Pa., argued (David L. Smiga, Pittsburgh, Pa., E. William Chapman, Hazel & Thoms, Leesburg, Va., on the brief), for defendants-appellees USX and Federal Ins.

Robert Joseph Madigan, Madigan & Scott, Inc., Springfield, Va., argued (Mitchell Komaroff, on the brief), for plaintiff-appellee TransDulles Center.

Before PHILLIPS, SPROUSE, and WILKINSON, Circuit Judges.


OPINION

SPROUSE, Circuit Judge:

TransDulles Center, Inc., and the Board of Supervisors of Loudoun County, Virginia, (hereinafter TransDulles) sued USX Corporation for breach of an agreement with Loudoun County to install a stormwater drainage system in accordance with County regulations.1 USX filed a third-party breach of contract suit against Gannett Fleming Civil Engineering, Inc., the designer of the stormwater drainage system...

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