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IACOBELLI CONST., INC. v. COUNTY OF MONROE

No. 1460, Docket 93-9193.

32 F.3d 19 (1994)

IACOBELLI CONSTRUCTION, INC., Plaintiff-Appellant, v. COUNTY OF MONROE, Rochester Pure Waters District, and Calocerinos & Spina Consulting Engineers, P.C., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 21, 1994.

Attorney(s) appearing for the Case

Abba I. Friedman, Birmingham, MI (Eric J. Flessland, Butzel Long, of counsel), for plaintiff-appellant.

Mark J. Moretti, Rochester, NY (Kenneth W. Gordon, Phillips, Lytle, Hitchcock, Blaine & Huber, of counsel), for defendants-appellees County of Monroe and Rochester Pure Waters Dist.

Paul J. Yesawich, III, Rochester, NY (Daniel J. Moore, Harris Beach & Wilcox, of counsel), for defendant-appellee Calocerinos & Spina Consulting Engineers.

Before: FEINBERG, PRATT, and MINER, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This appeal arises out of a contract to construct a sewage tunnel in Rochester, New York. When the plaintiff, Iacobelli Construction, Inc., encountered more subsurface water inflows during construction of the tunnel than it had anticipated, it requested additional compensation under the contract's differing site conditions clause. The County of Monroe denied Iacobelli's request, which led Iacobelli to institute this suit in the United...

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