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CAVALIER GROUP v. STRESCON INDUSTRIES, INC.

Civ. A. No. 88-620 MMS.

782 F.Supp. 946 (1992)

CAVALIER GROUP, a Delaware general partnership, Plaintiff, v. STRESCON INDUSTRIES, INC., a Maryland corporation, The Travelers Indemnity Company of America, a Georgia corporation, Defendant and Third-Party Plaintiff, Louis Capano & Sons, Inc., a Delaware corporation, Third-Party Defendant.

United States District Court, D. Delaware.

January 22, 1992.

Attorney(s) appearing for the Case

George H. Seitz, of Prickett, Jones Elliott, Kristol & Schnee, Wilmington, Del., for Cavalier Group and Louis Capano & Sons, Inc.

R. Stokes Nolte of Bailey & Wetzel, P.A. and James S. Green of Duane, Morris & Heckscher, Wilmington, Del., for Strescon Industries, Inc.

Warren B. Burt of Burt & Burt, Wilmington, Del., for Travelers Indem. Co. of America.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

Plaintiff, the Cavalier Group, ("Cavalier") owner of the Cavalier Country Club Apartments in Newark, Delaware, filed this diversity action on November 3, 1988 seeking to recover the cost of repairing and replacing concrete balconies at the apartment complex. The balconies were designed, fabricated and installed by the defendant Strescon Industries, Inc. ("Strescon"). (Compl., ¶ 3 (Dkt. 1)). Cavalier...

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