Ring Engineering Co. v. Otis Elevator Co.

D.C. Circuit

Ring Engineering Co. v. Otis Elevator Co.

179 F.2d 812, 86 U.S. App. D.C. 411

Court of Appeals for the D.C. Circuit·Decided January 23, 1950·No. 10116·Published·Cited by 1 cases

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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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.

Ring Engineering Co. v. Otis Elevator Co., 179 F.2d 812, 86 U.S. App. D.C. 411 (D.C. Cir. 1950).

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