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HARBOR COURT ASSOCIATES v. LEO A. DALY CO.

No. 98-2158.

179 F.3d 147 (1999)

HARBOR COURT ASSOCIATES; Murdock Development Company, Plaintiffs-Appellants, and Council of Unit Owners of the Towers at Harbor Court Condominium, Plaintiff, v. LEO A. DALY COMPANY, Third-Party Defendant-Appellee, and Kiewit Construction Company; Peter Kiewit Sons' and Company; The Sherman R. Smoot Company, Incorporated; The Sherman R. Smoot Corporation of Washington, DC; Owen Steel Company, Incorporated, Defendants, and Republic Insurance Company; Travelers Casualty And Surety Company; Fireman's Insurance Company of Newark, New Jersey; Custom Steel Fabricators, Incorporated; Fidelity and Deposit Company of Maryland; National Fire Insurance Company of Hartford; American Motorist Insurance Company; Mission National Insurance Company; Landmark Insurance Company; Wausau Insurance Companies; National Union Fire Insurance Company of Pittsburgh, Pennsylvania; Republic Insurance Company; Employers Insurance of Wausau, a Mutual Company; Aetna Casualty and Surety Company; Pacific Plaza Insurance Services, Inc., Third-Party Defendants. American Institute of Architects; National Society of Professional Engineers; American Society of Civil Engineers, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1999.

Attorney(s) appearing for the Case

ARGUED: John Henry Lewin, Jr., Venable, Baetjer & Howard, L.L.P., Baltimore, Maryland, for Appellants. James F. Lee, Jr., Carr, Goodson, Lee & Warner, P.C., Washington, D.C., for Appellee. ON BRIEF: Paul D. Barker, Jr., Mark D. Maneche, Venable, Baetjer & Howard, L.L.P., Baltimore, Maryland, for Appellants. William J. Carter, Carr, Goodson, Lee & Warner, P.C., Washington, D.C., for Appellee. Nory Miller, Elena N. Broder, Jenner & Block, Washington, D.C., for Amici Curiae.

Before ERVIN, HAMILTON, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge ERVIN and Judge HAMILTON joined.

OPINION

LUTTIG, Circuit Judge:

Plaintiffs-appellants Harbor Court Associates and Murdock Development Company appeal a district court award of summary judgment to defendant-appellee Leo Daly, an architect, on their diversity breach of contract and tort actions arising out of Daly's allegedly defective design of a commercial construction project...

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