RAM CONST. CO., INC. v. AMERICAN STATES INS. CO.

No. 84-3146.

749 F.2d 1049 (1984)

RAM CONSTRUCTION COMPANY, INC., Debtor, v. AMERICAN STATES INSURANCE COMPANY. AMERICAN STATES INSURANCE COMPANY v. RAM CONSTRUCTION COMPANY, INC. and Equibank. Appeal of AMERICAN STATES INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided December 6, 1984.

As Amended December 26, 1984.

Rehearing Denied December 28, 1984.


Attorney(s) appearing for the Case

Jack W. Plowman (argued), Robert Blumling (argued), Plowman & Spiegel, Pittsburgh, Pa., for appellant American States Ins. Co.

Richard B. Tucker, III (argued), Tucker Arensberg, P.C., Pittsburgh, Pa., for appellee.

Before ALDISERT, Chief Judge, and HUNTER and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we determine that the bankruptcy judge's ruling — that two separate agreements existed between a contractor and owner — was a matter of contract construction subject to plenary review. Although the district court used the clearly erroneous test, the error is not reversible because under either standard the result here is the same. We also conclude that the bankruptcy judge did not err...

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