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  5. 899 F.Supp. 916 (1995)
 

U.S. v. TRI-STATE DESIGN CONST. CO., INC.

No. 92-CV-1466 (FJS/DNH).

899 F.Supp. 916 (1995)

UNITED STATES of America, for the Use and Benefit of SAUNDERS CONCRETE CO., INC., Plaintiff, v. TRI-STATE DESIGN CONSTRUCTION CO., INC., and Employers Insurance of Wausau, a Mutual Company, Defendants.

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

September 30, 1995.

Attorney(s) appearing for the Case

Melvin & Melvin, Syracuse, New York, for Plaintiff (Roger W. Bradley and Susan E. Otto, of counsel).

Adorante, Turner & Meyers, P.C., Camillus, New York, for Defendants (Anthony P. Adorante, of counsel).

DECISION AND ORDER

SCULLIN, District Judge.

Introduction

This is an action under the New York Uniform Commercial Code for damages arising out of the installation of allegedly defective concrete by plaintiff Saunders Concrete Co. ("Saunders"). Saunders' claim against Tri-State Design Construction Co. ("Tri-State"), the buyer of the concrete, for the contract price has been settled. Thus, the only claim remaining in the case is Tri-State's counterclaim...

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