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LINCOLN PULP & PAPER CO., INC. v. DRAVO CORP.

Civ. No. 74-65-ND.

436 F.Supp. 262 (1977)

LINCOLN PULP & PAPER CO., INC., Plaintiff, v. DRAVO CORPORATION, Defendant and Third-Party Plaintiff, v. BABCOCK & WILCOX COMPANY, Koppers Company, and Whiting Corporation, Third-Party Defendants.

United States District Court, D. Maine, N. D.

August 9, 1977.

Attorney(s) appearing for the Case

Arnold L. Veague, Bernard J. Kubetz, Bangor, Me., William L. D. Barrett, Caroline Martin, Manley Fleischmann, Robert A. Kandel, James V. Ryan, New York City, for plaintiff.

Ralph I. Lancaster, Ernest J. Babcock, Jotham D. Pierce, Jr., Portland, Me., William V. Kane, Allan Tupper Brown, Washington, D. C., Howard H. Dana, Jr., John W. Philbrick, Portland, Me., for defendant and third-party plaintiff.

Gerald F. Petruccelli, Thomas Cox, Portland, Me., Gene Carter, Richard J. Relyea, Bangor, Me., for third-party defendants.

OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

This action arises from an engineering and construction contract dated December 4, 1970 and executed on March 9, 1971, under which defendant Dravo Corporation ("Dravo") agreed to design and construct a new heat and chemical recovery boiler and associated equipment to modify the existing chemical recovery system at the kraft pulp mill in Lincoln, Maine owned by plaintiff Lincoln Pulp and Paper Co., Inc...

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