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BADGETT CONST. AND DEVELOPMENT CO. v. KAN-BUILD, INC.

No. Civ. 4-97-CV-30243.

102 F.Supp.2d 1098 (2000)

BADGETT CONSTRUCTION AND DEVELOPMENT COMPANY, Plaintiff, v. KAN-BUILD, INC. and Quaker Window Products Co., Defendants. Kan-Build, Inc., Third-Party Plaintiff, v. Quaker Window Products Co., Third-Party Defendant. Quaker Window Products Co., et al., Third-Party Plaintiffs, v. Weatherall Indiana, Inc., f/k/a Weatherall Company, Inc., et al., Third-Party Defendants.

United States District Court, S.D. Iowa, Central Division.

March 3, 2000.

Attorney(s) appearing for the Case

Deborah M. Tharnish, William J. Koehn, Davis Brown Koehn Shors & Roberts PC, Des Moines, IA, for Plaintiff.

Karl T. Olson, Bradshaw Fowler Proctor & Fairgrave, Des Moines, IA, William L. Dawe, III, Hopkins & Huebner, Des Moines, IA, William A. LArson, Gehrt & Robert, Topeka, KS, for defendant Kan-Build, Inc.

Frank A. Comito, Kent A. Gummert, Gaudineer & Comito LLP, Des Moines, IA, Thomas L. Orris, Armstrong Teasdale Schlafly & Davis, St. Louis, MO, for defendant Quaker Window Products Co.

Thomas J. Logan, Hopkins & Huebner, Des Moines, IA, for Weatherall Indiana, Inc.

Jack Hilmes, Finley Alt Smith Scharnberg Craig, Hilmes & Gaffney PC, Des Moines, IA, for Bernard Bower.

RULING ON KAN-BUILD'S MOTION FOR PARTIAL SUMMARY JUDGMENT

WALTERS, Chief United States Magistrate Judge.

This matter is before the Court on defendant Kan-Build's motion for partial summary judgment (# 57), filed October 1, 1999. Plaintiff was the owner/developer of a construction project involving several buildings in Fairfield, Iowa, known collectively as "The Raj," and contracted with defendant Kan-Build to construct, deliver, erect and rough set three...

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