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HEAT & POWER v. AIR PRODUCTS

No. 91, September Term, 1989.

320 Md. 584 (1990)

578 A.2d 1202

HEAT & POWER CORPORATION, ET AL. v. AIR PRODUCTS & CHEMICALS, INC.

Court of Appeals of Maryland.

Motion for Reconsideration Denied October 9, 1990.

Attorney(s) appearing for the Case

Robert L. Ferguson, Jr. (Michael N. Russo, Jr., Thieblot, Ryan, Martin & Ferguson, on brief) John L. Wood (Niles, Barton & Wilmer, on brief) (Benjamin R. Goertemiller, Susan M. Marzetta, Semmes, Bowen & Semmes, on brief), Baltimore, for petitioners.

Louis G. Close, Jr. (James R. Chason, Tricia D. O'Neill, Whiteford, Taylor & Preston, all on brief) Towson, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, HOWARD S. CHASANOW (specially assigned) and CHARLES E. ORTH, Jr., (retired, specially assigned), JJ.

CHASANOW, Judge.

Respondent, Air Products & Chemicals, Inc. (Owner), produces gas for industrial use. In April, 1977, Owner entered into a contract with Petitioner, Heat & Power Corp. (Contractor), to construct a silencer building1 at Owner's Sparrows Point plant. Owner designed and prepared all specifications for the building.

In July, 1987, an employee of Contractor, Ivor LaBarrie, was removing scaffolding from the silencer...

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