179 F2d 812 Ring Engineering Co v. Otis Elevator Co

179 F.2d 812

86 U.S.App.D.C. 411

RING ENGINEERING CO.
v.
OTIS ELEVATOR CO.

No. 10116.

United States Court of Appeals District of Columbia Circuit.

Argued Dec. 14, 1949.
Decided Jan. 23, 1950.

Mr James M. Earnest, Washington, D.C., for appellant.

Mr. Philip W. Amram, Washington, D.C., with whom mr. Jerome J. Dick, Washington, D.C., was on the brief, for appellee.

Before EDGERTON, CLARK, and WASHINGTON, Circuit Judges.

PER CURIAM.

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1

This case involves interpretation of a contract for installing elevators in an office building in Washington, D.C. We agree with the District Court's interpretation. Furthermore, appellant may not overturn a summary judgment by raising here an issue of fact that was not plainly disclosed as a genuine issue in the trial court. Fletcher v. Krise, 73 App.D.C. 266, 120 F.2d 809; Williams v. Kolb, 79 U.S.App.D.C. 253, 145 F.2d 344. Garrett Biblical Institute v. American University, 82 U.S.App.D.C., 265, 163 F.2d 265, is not to the contrary.

2

Affirmed.