Holcomb Construction Co. v. Armstrong

INGRAM, District Judge:

This is an appeal from an order of the district court dismissing an action filed by Holcomb Construction Co., Inc., appellant here (hereafter called Holcomb), against Thomas J. Armstrong and others, appellees (hereafter collectively called Armstrong).

Factually, the complaint alleges that Holcomb had a contract for the construction of a new bridge across the Truckée River and for the extension of a roadway; that the contract contemplated the use by Holcomb of an existing bridge; that Armstrong negligently rendered the existing bridge unusable thus compelling the use by…