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RING ENGINEERING CO. v. OTIS ELEVATOR CO.

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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RING ENGINEERING CO. v. OTIS ELEVATOR CO
(Jan 23, 1950)