U.S. Court of Appeals for the D.C. Circuit, 1950

Ring Engineering Co. v. Otis Elevator Co.

Ring Engineering Co. v. Otis Elevator Co.
U.S. Court of Appeals for the D.C. Circuit · Decided January 23, 1950 · Edgerton, Clark, Washington
179 F.2d 812; 86 U.S. App. D.C. 411 (Federal Reporter, Second Series)

Counsel

Mr. James M. Earnest, Washington, D. C., for appellant., Mr. Philip W. Amram, Washington, D. C., with whom Mr. Jerome J. Dick, Washington, D. G., was on the brief, for ap-pellee.

Ring Engineering Co. v. Otis Elevator Co.

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Opinion

PER CURIAM.

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.

Affirmed.

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