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EFCO CORP. v. U.W. MARX, INC.

No. 1652, Docket 96-9473.

124 F.3d 394 (1997)

EFCO CORPORATION, Plaintiff-Appellant, v. U.W. MARX, INC., Defendant-Cross-Defendant-Cross-Claimant-Appellee, Patriot Door & Window, Inc., Defendant-Cross-Defendant-Appellee, Joseph Francese, Inc., Counter-Claimant-Cross-Claimant-Cross-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 3, 1997.

Attorney(s) appearing for the Case

Allan C. Samuels and Kenneth D. Greenwald, New York City, for Appellant EFCO Corporation.

Suzanne H. Charles, Clifton Park, NY, for Appellee U.W. Marx Inc.

Chris S. Dodig, Donovan & O'Connor, Adams, MA, for Appellee Joseph Francese, Inc.

McLAUGHLIN, Circuit Judge:

BACKGROUND

In July 1991, Joseph Francese, Inc. ("Francese") became the general contractor of a construction project at an elementary school in Troy, New York. Francese subcontracted with Patriot Door & Window, Inc. ("Patriot") to put in windows at the school. Around the same time, U.W. Marx ("Marx") was the general contractor for a similar construction project at an elementary school in New Paltz, New York. Marx also subcontracted...

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