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THALLE CONST. CO. v. WHITING-TURNER CONTRACTING, CO.

Nos. 234, 369, Dockets 94-7108L, 94-7126XAP.

39 F.3d 412 (1994)

THALLE CONSTRUCTION CO., INC., Plaintiff-Appellant-Cross-Appellee, Counter-Defendant, v. The WHITING-TURNER CONTRACTING COMPANY, INC., Defendant-Appellee-Cross-Appellant, Counter-Claimant.

United States Court of Appeals, Second Circuit.

Decided November 10, 1994.

Attorney(s) appearing for the Case

James S. Morris, O'Connor, Morris & Jones, Greenwich, CT (Christopher W. Caldwell, of counsel), for plaintiff-appellant-cross-appellee, counter-defendant.

Herman M. Braude, Braude & Margulies, Washington, DC, Judith F. Herman, Levy & Tolman, New York City (William M. Huddles, Braude & Margulies, Baltimore, MD, of counsel), for defendant-appellee-cross-appellant, counter-claimant.

Before: MESKILL, MAHONEY and WALKER, Circuit Judges.

WALKER, Circuit Judges.

This diversity action is brought by Thalle Construction Company ("Thalle"), a citizen of New York and a subcontractor on a project to build an office complex for IBM, against the general contractor Whiting-Turner Contracting Company ("Whiting-Turner"), a citizen of Maryland, to recover damages for delays suffered by Thalle. Plaintiff appeals from a judgment of the United States District Court for the Southern District of New York (Gerard L...

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