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CHISHOLM v. UHP PROJECTS, INC.

No. 99-1018.

205 F.3d 731 (2000)

Phillip A. CHISHOLM, Plaintiff-Appellant, v. UHP PROJECTS, INCORPORATED, Defendant & Third Party Plaintiff-Appellee, v. Sealift, Incorporated; Ultra Maritime, Incorporated; Wilco Supply, Incorporated; Spir Star, Incorporated; Kutting, Incorporated; Spir Star Druckschlauche GMBH, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 2000.

Attorney(s) appearing for the Case

ARGUED: David Joel Berg, Latti Associates, L.L.P., Boston, Massachusetts, for Appellant. Temple Witt Cabell, Schaffer & Cabell, P.C., Richmond, Virginia, for Appellee. ON BRIEF: David H. Sump, Crenshaw, Ware & Martin, Norfolk, Virginia, for Appellant.

Before WILKINSON, Chief Judge, KING, Circuit Judge, and CYNTHIA HOLCOMB HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge CYNTHIA HOLCOMB HALL wrote the majority opinion, in which Chief Judge WILKINSON joined. Judge KING wrote a dissenting opinion

OPINION

CYNTHIA HOLCOMB HALL, Senior Circuit Judge:

Philip Chisholm ("Chisholm") appeals the district court's order setting aside damages in the amount of $90,000 awarded against UHP Projects ("UHP") for breach of the warranty of workmanlike...

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