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Summary Judgment in Claims for Negligence in Connection with Burst Pipe Affirmed
In Capitol Sprinkler Inspection, Inc. v. Guest Serv., Inc., No. 09-7128, third-party claims for negligence and breach of contract in connection with a burst pipe at a building managed by third-party defendant, summary judgment for third-party defendant is affirmed where 1) the alacrity with which defendant staunched the flow of water was relevant only to the measure of damages, not to liability; 2) because plaintiff did not show "good cause," the district court did not abuse its discretion by denying plaintiff's motion for an extension of time; 3) the district court did not err in denying plaintiff's motion to strike defendant's reply brief.
As the court wrote: "Capitol Sprinkler Inspection, Inc., the defendant in the district court, appeals the summary judgment entered for Guest Services, Inc. on Capitol's third-party claims for negligence and breach of contract in connection with a burst pipe at a building managed by Guest. Guest argues we lack jurisdiction for want of a timely notice of appeal. We hold that we have jurisdiction of the appeal based upon Federal Rule of Appellate Procedure 4(a)(2) and affirm the district court in all respects."