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TRINITY PRODUCTS, INC. v. BURGESS STEEL, L.L.C.

Nos. 06-2252, 06-2365.

486 F.3d 325 (2007)

TRINITY PRODUCTS, INC., Plaintiff-Appellee/Cross Appellant, v. BURGESS STEEL, L.L.C., Defendant-Appellant/Cross Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 7, 2007.

Attorney(s) appearing for the Case

James D. Bass, argued, St. Louis, MO (Nicole S. Zellweger, St. Louis, MO, on the brief), for appellant.

Michael E. Wilson, argued, St. Louis, MO (Michelle C. Eller, St. Louis, MO, on the brief), for appellee.

Before LOKEN, Chief Judge, MURPHY and SHEPHERD, Circuit Judges.

LOKEN, Chief Judge.

Burgess Steel, L.L.C. (Burgess), hired Trinity Products, Inc. (Trinity), to fabricate two steel towers. After the first tower was erected, the owner rejected it because the base plate was warped. Burgess directed Trinity to fabricate and deliver a replacement. At the end of the project, Trinity sued for the balance of the contract price and for extra work not covered by the contract, primarily the value...

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