GILBANE BLDG. v. FEDERAL RESERVE BANK OF RICHMOND

Nos. 93-2448, 93-2449.

80 F.3d 895 (1996)

GILBANE BUILDING COMPANY, a Corporation; Applied Retrieval Technology Corporation, Plaintiffs-Appellees, and Holland Glass Company, Incorporated; Metromont Materials; Landmasters, Inc.; B & B Contracting Company, Incorporated; CACI, Incorporated — Federal; Pettit Construction Company, Incorporated, Plaintiffs, v. FEDERAL RESERVE BANK OF RICHMOND, CHARLOTTE BRANCH, Defendant-Appellant, International Fidelity Insurance Company, Defendant & Third Party Plaintiff-Appellee, and Electricon, Incorporated, Defendant & Third Party Plaintiff. APPLIED RETRIEVAL TECHNOLOGY CORPORATION, Plaintiff-Defendant & Third Party Defendant-Appellant, and Holland Glass Company, Incorporated; Metromont Materials; Landmasters, Inc.; B & B Contracting Company, Incorporated; CACI, Incorporated — Federal; Pettit Construction Company, Incorporated; Plaintiffs, Gilbane Building Company, a Corporation; Plaintiff-Third Party Defendant-Appellee, v. FEDERAL RESERVE BANK OF RICHMOND, CHARLOTTE BRANCH, Defendant & Third Party Defendant-Appellee, International Fidelity Insurance Company, Defendant & Third Party Plaintiff-Appellant, and Electricon, Incorporated, Defendant & Third Party Plaintiff.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1996.


Attorney(s) appearing for the Case

ARGUED: George Verner Hanna, III, Moore & Van Allen, Charlotte, North Carolina, for Appellant. Robert Lewis Burchette, Johnston, Taylor, Allison & Hord, Charlotte, North Carolina, for Appellee Gilbane; Mitchell Allen Stein, Stein & Associates, P.C., New York City, for Appellee Applied Retrieval. ON BRIEF: Randel E. Phillips, Mary Elizabeth Erwin, Moore & Van Allen, Charlotte, North Carolina, for Appellant. Patrick E. Kelly, Greg C. Ahlum, Gary J. Welch, Johnston, Taylor, Allison & Hord, Charlotte, North Carolina, for Appellee Gilbane.

Before MURNAGHAN, ERVIN, and WILKINS, Circuit Judges.


Affirmed in part and reversed in part by published opinion. Judge ERVIN wrote the opinion, in which Judge MURNAGHAN and Judge WILKINS joined.

OPINION

ERVIN, Circuit Judge:

This case arose from construction in Charlotte, North Carolina, of a branch of the Federal Reserve Bank of Richmond ("FRB"). By agreement of the parties, the claims at issue in this appeal were tried initially before a court-appointed special master. The district court awarded...

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