062252P.pdf   05/07/2007  Trinity Products  v.  Burgess Steel
   U.S. Court of Appeals Case No:  06-2252
                          and No:  06-2365
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Chief Judge Loken, Author, with Murphy and
   Shepherd, Circuit Judges]
   Civil Case - diversity. District court's erred in granting summary
   judgment on breach of contract counterclaim based on untimeliness was
   error, as the notice of nonconformity was given within a reasonable time,
   and applicability of disclaimer provision requires fact-based inquiry. 
   Attorney's fee award, based on contract breach, is also reversed. Jury
   verdict on quantum meruit claims for extra work performed is affirmed. 
   District court did not abuse its discretion in formulating extra work jury
   instruction or in declining to give change-order instruction, and did not
   abuse its discretion in admitting or excluding evidence. Evidence was
   sufficient to support the verdict. Denial of motion for additur for extra
   work was not an abuse of discretion and denial of prejudgment interest on
   contract price is affirmed but reversed on claims for additional stub outs,
   transportation services and shipping costs.