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AMERICAN INS. CO. v. EL PASO PIPE AND SUPPLY CO.

Nos. 91-2070, 91-2072.

978 F.2d 1185 (1992)

The AMERICAN INSURANCE COMPANY, a New Jersey corporation, Plaintiff-Appellee, v. EL PASO PIPE AND SUPPLY CO., a Texas corporation, doing business under the names of EPPSCO Electrical Supply Co. and EPPSCO Electrical Supply, and General Electric Company, a New York corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 2, 1992.

Attorney(s) appearing for the Case

Briggs F. Cheney (Rodney L. Schlagel with him on the brief) of Butt, Thornton & Baehr, Albuqueque, N.M., for plaintiff-appellee.

Rex D. Throckmorton (Odgen M. Reid and James P. Bieg with him on the brief) of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N.M., for defendant-appellant General Elec. Co.

Cameron Peters, Kemp, Smith, Duncan & Hammond, Santa Fe, N.M., for defendant-appellant El Paso Pipe and Supply Co.

Before LOGAN, TACHA, Circuit Judges, and COOK, Senior District Judge.

H. DALE COOK, Senior District Judge.

This action arose out of the construction of the Veteran's Administration Hospital in Albuquerque, New Mexico. The Brown-Olds Corporation (Brown-Olds) was the subcontractor responsible for providing all labor and material for the construction of the mechanical and electrical segments of the project. General Electric (GE) and its distributor El Paso Pipe and Supply Company (EPPSCO) were the successful bidders to supply the electrical...

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