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RAHR MALTING CO. v. CLIMATIC CONTROL CO., INC.

No. 97-2712.

150 F.3d 835 (1998)

RAHR MALTING COMPANY, Plaintiff-Appellant, v. CLIMATIC CONTROL COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

James D. Steiner, Minneapolis, MN, argued (David A. Engen and William A. Webster, on the brief), for Plaintiff-Appellant.

Michael A. Klutho, Minneapolis, MN, argued (Kelly A. Putney, on the brief), for Defendant-Appellee.

Before BEAM and HEANEY, Circuit Judges, and KOPF, District Judge.

KOPF, District Judge.

Rahr Malting Company (Rahr) appeals from the decision on cross motions for declaratory judgment entered in favor of Climatic Control Company, Inc. (Climatic). Rahr asserts that the district court erred in construing a waiver clause contained in a standard American Institute of Architects' contractor agreement. After careful consideration, we conclude the district court's decision was correct2 and we affirm.

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