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EDWARD E. GILLEN CO. v. EAST KY. POWER CO-OP.

Nos. 82-5446, 82-5447.

718 F.2d 816 (1983)

EDWARD E. GILLEN COMPANY, Plaintiff-Appellee, Cross-Appellant, v. EAST KENTUCKY POWER COOPERATIVE, Defendant-Appellant, Cross-Appellee. Stanley Consultants, Incorporated, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 12, 1983.

Attorney(s) appearing for the Case

Dale W. Henley (argued), Foster J. Collis, Winchester, Ky., William E. Scent, Keith, Scent & Scent, Hopkinsville, Ky., for defendant-appellant, cross-appellee.

Lee J. Geronime (argued), Michael, Best & Friedrich, R. Jeffrey Krill, Milwaukee, Wis., for plaintiff-appellee, cross-appellant.

William H. McCann (argued), G. Benjamin Cowgill, Brown, Sledd & McCann, Lexington, Ky., for defendant-appellee.

Before LIVELY, Chief Circuit Judge, PECK, Senior Circuit Judge, and NEESE, District Judge.

PER CURIAM.

The defendant East Kentucky Power Cooperative appeals and the plaintiff Edward Gillen Company cross-appeals from judgment entered by the district court following a jury trial in this action by the general contractor on a construction project against the owner and the project engineer. The plaintiff contends that the defendants failed to warn it of soil conditions known to them which caused excessive subsidence requiring the plaintiff to suffer substantial...

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