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HUNT CONST. v. BRENNAN BEER GORMAN/ARCHITECTS

No. 08-5603-cv.

607 F.3d 10 (2010)

HUNT CONSTRUCTION GROUP, INC., Plaintiff-Appellant, v. BRENNAN BEER GORMAN/ARCHITECTS, P.C.; Wilson Associates; S. Desimone Consulting Engineers, LLC; Cosentini Associates, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Question Certified: May 24, 2010.

Attorney(s) appearing for the Case

Steven G.M. Stein (Joel J. Rhiner and Jean M. Gallo, on the brief), Stein, Ray & Harris, LLP, Chicago, IL, for Appellant.

Michael J. Vardaro, Zetlin & De Chiara LLP, New York, N.Y., for Appellees Brennan Beer Gorman/Architects, P.C.; S. DeSimone Consulting Engineers, LLC, and Cosentini Associates, Inc.

James M. Cooley, Heilmann, Ekman & Associates, Inc., Burlington, VT, for Appellee Wilson & Associates, LLC.

28 Before: CALABRESI and POOLER, Circuit Judges, and KAHN, District Judge.

PER CURIAM:

Plaintiff general contractor brought claims of negligence and negligent misrepresentation against Defendant design professionals, over allegedly late and erroneous delivery of professional services as part of the construction of a resort. Each party had a contract with the resort's owner, but the parties had no contract with each other. The District Court (Murtha, Judge) dismissed the suit under Fed. R.Civ.P. 12(b)(6), holding that the claims were...

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