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U.S. EAST TELECOMMUNICATIONS v. U.S. WEST COMMUN.

Nos. 1763, 1769, Dockets 93-9140, 93-9198.

38 F.3d 1289 (1994)

U.S. EAST TELECOMMUNICATIONS, INC., Plaintiff-Appellee-Cross-Appellant, v. US WEST COMMUNICATIONS SERVICES, INC., formerly known as US West Information Systems, Inc., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 2, 1994.

Attorney(s) appearing for the Case

Joel M. Miller, New York City (James P. Rosenzweig, Miller & Wrubel, P.C., of counsel), for defendant-appellant-cross-appellee.

Ralph Pernick, Great Neck, NY (Clifford J. Chu, Hayt, Hayt & Landau, of counsel), for plaintiff-appellee-cross-appellant.

Before: NEWMAN, Chief Judge, OAKES and PRATT, Circuit Judges.

OAKES, Senior Circuit Judge:

This appeal requires us to examine under what circumstances a general contractor may become liable in quasi-contract to a "second-tier" subcontractor with whom it has not contracted. Appellant US West Communications Services, Inc. (formerly known as US West Information Systems, Inc., hereinafter "West"), the general contractor in this case, conducts large-scale telephone installation and maintenance operations. In 1986, the

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