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ATLAS CONCRETE PIPE, INC. v. ROGER J. AU & SON

Civ. A. No. 77-40159.

467 F.Supp. 830 (1979)

ATLAS CONCRETE PIPE, INC., Plaintiff, v. ROGER J. AU & SON, INC., Defendant, v. MICHIGAN TESTING ENGINEERS, Third-Party Defendant.

United States District Court, E. D. Michigan, S. D.

March 6, 1979.

Attorney(s) appearing for the Case

Stewart A. Newblatt, Flint, Mich., for plaintiff.

David A. Cuvrell, Flint, Mich., Trustee in Bankruptcy.

Kenney & Chapman, Troy, Mich., Joseph S. Radom, Detroit, Mich., G. Cameron Buchanan, Troy, Mich., Edward C. Baran, Mansfield, Ohio, for defendant.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

On October 6, 1970, plaintiff Atlas Concrete filed a complaint seeking damages for the alleged breach by the defendant Au of a contract for the sale of concrete pipe, as follows: (1) The alleged failure of Au to pay for pipe manufactured and delivered by Atlas to Au, and (2) the alleged failure by Au to install the pipe at the contract rate. Au later counterclaimed seeking damages for the alleged...

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