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KITTITAS RECLAMATION v. SPIDER STAGING

No. 19535-0-III.

27 P.3d 645 (2001)

107 Wash.App. 468

KITTITAS RECLAMATION DISTRICT, a Washington Irrigation District, Respondent and Cross Appellant, v. SPIDER STAGING CORPORATION; and Flow International Corporation, Appellants.

Court of Appeals of Washington, Division 3, Panel One.

July 26, 2001.

Attorney(s) appearing for the Case

Marc C. Levy, Preston, Thorgrimson, Seattle, for Appellants.

John P. Gilreath, Douglas W. Nicholson, Cone, Gilreath, Ellis & Cole, Ellensburg, for Respondent.

KATO, J.

Kittitas Reclamation District (Kittitas) contracted with Spider Staging Corporation (Spider) to design and build an incline inspection platform. During a demonstration, the platform did not function successfully. Kittitas demanded that Spider deliver a platform fit for its intended purposes or the platform would be rejected. Spider did not respond. Kittitas then sued Spider and its parent company, Flow International Corporation (Flow), for cancellation of...

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