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179 F.2d 812

Docket No. 10116.

Ring Engineering Co. v. Otis Elevator Co.

District of Columbia Circuit Court of Appeals

Argued Dec. 14, 1949.

Decided Jan. 23, 1950.

District of Columbia Circuit Court of Appeals · decided 1950-01-23

Cited by 4 later decisions — most recently May 1968

4 federal appellate ·

2 counsel of record

Relies on Fletcher v. Krise · Garrett Biblical Institute v. American University · Williams v. Kolb

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1950-01-23

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¶1Mr. James M. Earnest, Washington, D. C., for appellant.

¶2Mr. Philip W. Amram, Washington, D. C., with whom Mr. Jerome J. Dick, Washington, D. G., was on the brief, for ap-pellee.

¶3Before EDGERTON, CLARK, and WASHINGTON, Circuit Judges.

¶4PER CURIAM.

¶5This 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.

¶6Affirmed.

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