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BEAUMONT BIRCH CO. v. NAJJAR INDUSTRIES, INC.

Nos. 78-Civ. 132, 78-Civ. 1950.

477 F.Supp. 970 (1979)

BEAUMONT BIRCH COMPANY, Plaintiff, v. NAJJAR INDUSTRIES, INC., Coppola Bros. Excavation Corp. and Najjar Industries Inc./Coppola Bros. Excavation Corp. (A Joint Venture), Defendants. BEAUMONT BIRCH COMPANY, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, National Fire Insurance Co. of Hartford, the Home Indemnity Company and the Home Insurance Company, Defendants.

United States District Court, S. D. New York.

August 14, 1979.

Attorney(s) appearing for the Case

Gordon, Hurwitz, Butowsky, Baker, Weitzen & Shalov, New York City, for plaintiff; Margot A. Metzner, New York City, of counsel.

Max E. Greenberg, Trayman, Cantor, Reiss & Blasky, New York City, for defendants; Leonard Shabasson, New York City, of counsel.

OPINION

FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

Plaintiff, Beaumont Birch Co. ("Beaumont"), was the subcontractor on a construction contract between defendant Najjar Industries, Inc./Coppola Bros. Excavation Corp. ("Najjar/Coppola" or "prime contractor"), a joint venture, and the City of New York for the installation of air pollution control improvements at the Greenpoint Incinerator in Brooklyn, New York. Under...

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