Nathan Construction Company, a Corporation v. Fenestra, Incorporated, a Corporation, Julius Novak v. Fenestra, Incorporated, a Corporation

BLACKMUN, Circuit Judge.

Fenestra, Incorporated, instituted this diversity suit against Nathan Construction Company to recover a balance of $49,817.84 claimed to be due from Nathan under a 1962 construction subcontract for windows and a curtain wall for an Omaha building. Fenestra alleged full performance on its part.

Nathan’s answer asserted that the curtain wall which Fenestra supplied was of inferior design and workmanship and did not comply with the controlling specifications in that it permitted excessive air, water and dust infiltration, it did not move freely with changing temperature…