529 F.Supp. 297 (E.D.Mo. 1981), 81-825, R. W. Murray Co. v. Shatterproof Glass Corp.

Docket Nº:81-825C(C).
Citation:529 F.Supp. 297
Party Name:R. W. MURRAY CO., a corporation, and the Citadel, Ltd., a limited partnership, by its general partners, Robert E. Kresko, Harlan R. Crow, and George A. Shutt, Plaintiffs, v. SHATTERPROOF GLASS CORPORATION, a corporation, and Anaconda Aluminum Company, a corporation, Defendants.
Case Date:December 21, 1981
Court:United States District Courts, 8th Circuit, Eastern District of Missouri
 
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Page 297

529 F.Supp. 297 (E.D.Mo. 1981)

R. W. MURRAY CO., a corporation, and the Citadel, Ltd., a limited partnership, by its general partners, Robert E. Kresko, Harlan R. Crow, and George A. Shutt, Plaintiffs,

v.

SHATTERPROOF GLASS CORPORATION, a corporation, and Anaconda Aluminum Company, a corporation, Defendants.

No. 81-825C(C).

United States District Court, E.D. Missouri, Eastern Division.

Dec. 21, 1981

Page 298

Ronald Lurie, Richard Sheehan, Popkin, Stern, Heifetz, Lurie, Sheehan, Reby & Chervit, Clayton, Mo., W. Stanley Walch, Michael D. O'Keefe, Thompson & Mitchell, St. Louis, Mo., for plaintiffs.

Jim J. Shoemake, J. Bennett Clark, Guilfoil, Symington, Petzall & Shoemake, Robert S. Allen, Steven A. Muchnick, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for defendants.

MEMORANDUM

MEREDITH, District Judge.

This matter is before the Court on the separate motions of defendants Shatterproof Glass Corporation and Anaconda Aluminum Company to dismiss plaintiff's complaint for failure to state a claim or, in the alternative, to require plaintiffs to make their complaint more definite. For the reasons set forth below, defendants' motions to dismiss will be granted.

Plaintiff The Citadel, Ltd. is the owner and operator of an office building located in St. Louis County, Missouri. Plaintiff R. W. Murray Co. is a contractor who constructed the office building in 1974-1976 pursuant to a contract with The Citadel, Ltd. On July 5, 1974 R. W. Murray Co., as general contractor, entered into a subcontract with Boain Glass Co., Inc., a now inactive Illinois corporation, whereby Boain agreed to furnish all labor, material, and equipment required for the curtainwall, glass, and glazing to be used in the construction of the building. At some time thereafter, Boain entered into a contract with defendant Shatterproof Glass Corporation whereby Shatterproof agreed to supply the spandrel and vision panels to be used in the building, and Boain entered into a contract with defendant Anaconda Aluminum Company under which Anaconda agreed to supply the aluminum framing to be used for the curtainwall system in the building. All materials supplied by Shatterproof and Anaconda were delivered to the construction site and installed between 1974 and 1976.

Plaintiffs allege that the panels provided by Shatterproof and the aluminum framing supplied by Anaconda proved to be...

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