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PACELLA BROS., INC. v. METROPOLITAN DISTRICT

No. 20, Docket 30433.

366 F.2d 777 (1966)

PACELLA BROS., INC., Plaintiff-Appellant, v. The METROPOLITAN DISTRICT, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 3, 1966.

Attorney(s) appearing for the Case

Robert J. Sherer, Boston, Mass. (Maxwell Heiman, Hartford, Conn., O'Donnell, Furey, Donovan & Heiman, Bristol, Conn., Roche & Leen, Boston, Mass., on the brief), for appellant.

Robert L. Trowbridge, Glastonbury, Conn. (Alfred F. Wechsler, Hartford, Conn., Richard Goodman, Hartford, Conn., on the brief), for appellee.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM.

On January 11, 1962, plaintiff, Pacella Bros., Inc. (Pacella), contracted to construct a sewerage pipeline for defendant, The Metropolitan District (District). During the course of the construction, several owners of property abutting the proposed line sued Pacella, District, and a subcontractor of Pacella in the Superior Court (Connecticut) for property damage allegedly due to the construction activities. Pending the outcome of these state court suits...

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