Court of Appeals for the First Circuit February 22, 1991, 90-1707 (Ralston Dry-Wall Company, Inc. v. United States Gypsum Co. And Robert J. Clark)

BREYER, Chief Judge.

Ralston Dry Wall, the appellant, entered a subcontractor’s bid for outside wall installation work on a building project. Ral-ston won the bid, but it turned out that Ralston had calculated its price on the assumption that it could use appellee United States Gypsum’s “Fly-By” wall system.