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    Blue Circle Atlantic, Incorporated v. Falcon Materials, Incorporated Concrete Supply & Service Corporation, 960 F.2d 145, 4th Cir. (1992)

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    This document summarizes a court case between Blue Circle Atlantic (BCA) and Falcon Materials over a contract for BCA to supply cement to Falcon. The district court entered a verdict in favor of BCA on its claim for money owed and against some of Falcon's counterclaims. The appellate court affirmed the district court's rulings, finding that the district court did not abuse its discretion in evidentiary rulings or granting summary judgment to BCA on Falcon's counterclaims of fraud and misrepresentation as there were no genuine issues of material fact. The appellate court also found that any error in excluding evidence of Falcon's damages was harmless since the jury found the cement supplied was not defective.

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    Blue Circle Atlantic, Incorporated v. Falcon Materials, Incorporated Concrete Supply & Service Corporation, 960 F.2d 145, 4th Cir. (1992)

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    This document summarizes a court case between Blue Circle Atlantic (BCA) and Falcon Materials over a contract for BCA to supply cement to Falcon. The district court entered a verdict in favor of BCA on its claim for money owed and against some of Falcon's counterclaims. The appellate court affirmed the district court's rulings, finding that the district court did not abuse its discretion in evidentiary rulings or granting summary judgment to BCA on Falcon's counterclaims of fraud and misrepresentation as there were no genuine issues of material fact. The appellate court also found that any error in excluding evidence of Falcon's damages was harmless since the jury found the cement supplied was not defective.

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    Filed: 1992-04-21 Precedential Status: Non-Precedential Citations: 960 F.2d 145 Docket: 91-2099

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    This document summarizes a court case between Blue Circle Atlantic (BCA) and Falcon Materials over a contract for BCA to supply cement to Falcon. The district court entered a verdict in favor of BCA on its claim for money owed and against some of Falcon's counterclaims. The appellate court affirmed the district court's rulings, finding that the district court did not abuse its discretion in evidentiary rulings or granting summary judgment to BCA on Falcon's counterclaims of fraud and misrepresentation as there were no genuine issues of material fact. The appellate court also found that any error in excluding evidence of Falcon's damages was harmless since the jury found the cement supplied was not defective.

    Copyright:

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    Download as PDF or read online from Scribd
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    128 views3 pages

    Blue Circle Atlantic, Incorporated v. Falcon Materials, Incorporated Concrete Supply & Service Corporation, 960 F.2d 145, 4th Cir. (1992)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case between Blue Circle Atlantic (BCA) and Falcon Materials over a contract for BCA to supply cement to Falcon. The district court entered a verdict in favor of BCA on its claim for money owed and against some of Falcon's counterclaims. The appellate court affirmed the district court's rulings, finding that the district court did not abuse its discretion in evidentiary rulings or granting summary judgment to BCA on Falcon's counterclaims of fraud and misrepresentation as there were no genuine issues of material fact. The appellate court also found that any error in excluding evidence of Falcon's damages was harmless since the jury found the cement supplied was not defective.

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    of 3

    960 F.

    2d 145

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    BLUE CIRCLE ATLANTIC, INCORPORATED, PlaintiffAppellee,
    v.
    FALCON MATERIALS, INCORPORATED; Concrete Supply
    & Service
    Corporation, Defendants-Appellants.
    No. 91-2099.

    United States Court of Appeals,


    Fourth Circuit.
    Argued: February 4, 1992
    Decided: April 21, 1992

    Before MURNAGHAN and WILKINS, Circuit Judges, and BUTZNER,


    Senior Circuit Judge.

    ARGUED: David Barmak, Sherman, Meehan & Curtin, P.C., Washington,


    D.C., for Appellants.

    Jennifer Fletcher, Griffin, Cochrane & Marshall, Atlanta, Georgia, for


    Appellee.

    ON BRIEF: Mark S. Carlin, Sherman, Meehan & Curtin, P.C., Washington,


    D.C., for Appellants.

    Henry L. Griffin, Jr., Robert T. Tifverman, Griffin, Cochrane & Marshall,


    Atlanta, Georgia; Richard E. Dunne, III, George Beall, Hogan & Hartson,
    Baltimore, Maryland, for Appellee.

    OPINION
    PER CURIAM:
    5

    The district court entered judgment on the verdict of the jury in favor of Blue
    Circle Atlantic, Incorporated (BCA) on its claim for money due pursuant to a
    contract to supply cement to Falcon Materials, Incorporated and Concrete
    Supply & Service Corporation (collectively "Falcon") and against Falcon on
    some of its counterclaims. The district court granted summary judgment against
    Falcon on its other counterclaims. Falcon appeals, claiming the district court
    erred by allowing certain testimony from BCA's customers; by holding that a
    document prepared at BCA's request was protected from discovery; by granting
    summary judgment on Falcon's counterclaims for actual and punitive damages
    based on negligent misrepresentation and fraud; and by excluding certain
    evidence regarding Falcon's alleged damages.

    We conclude that the district court did not abuse its discretion in admitting
    testimony from two of BCA's customers that they had not experienced any
    problems with cement supplied by BCA. See Ellis v. International Playtex, Inc.,
    745 F.2d 292, 305 (4th Cir. 1984) (lower court ruling on admissibility of
    evidence under Fed. R. Evid. 403 reviewed for abuse of discretion). The district
    court did not act improvidently in finding that the "Sumner Report" is not
    discoverable. See McDougall v. Dunn, 468 F.2d 468, 476 (4th Cir. 1972)
    (lower court ruling on discovery under Fed. R. Civ. P. 26(b) reviewed to
    determine whether it is improvident and affects substantial rights); Fed. R. Civ.
    P. 26(b).

    Because an examination of the evidence in the light most favorable to Falcon


    reveals no genuine issues of material fact and because BCA is entitled to
    judgment as a matter of law, we affirm the decision of the district court granting
    summary judgment in favor of BCA on Falcon's counterclaims based on fraud
    and negligent misrepresentation. See Helm v. Western Md. Ry., 838 F.2d 729,
    734 (4th Cir. 1988) (appellate court makes de novo determination of propriety
    of granting summary judgment motion); Fed. R. Civ. P. 56(c). Finally, any
    error by the district court in excluding evidence relating to Falcon's alleged
    damages is harmless since we affirm the verdict of the jury and it expressly
    found that the cement supplied to Falcon by BCA was not defective. See
    Deadwyler v. Volkswagen of Am., Inc., 884 F.2d 779, 781, 783-84 (4th Cir.
    1989), cert. denied, 493 U.S. 1078 (1990).
    AFFIRMED

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