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McCLOSKEY & CO. v. MINWELD STEEL CO.

Nos. 11421, 11422.

220 F.2d 101 (1955)

McCLOSKEY & CO., a Corporation of the State of Delaware, Appellant, v. MINWELD STEEL CO., Inc., a Corporation of the State of Pennsylvania. McCLOSKEY & CO., a Corporation of the State of Delaware, Appellant, v. MINWELD STEEL CO., Inc., a Corporation of the State of Pennsylvania, and The Travelers Indemnity Company, a Corporation of the State of Connecticut.

United States Court of Appeals, Third Circuit.

Decided February 28, 1955.

Attorney(s) appearing for the Case

George Walter, Smith, Pittsburgh, Pa. (Smith & Hodel, Pittsburgh, Pa., on the brief), for appellants.

Charles E. Kenworthey, Pittsburgh, Pa. (Walter T. McGough Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Plaintiff-appellant, a general contractor, sued on three contracts alleging an anticipatory breach as to each. At the close of the plaintiff's case the district judge granted the defense motions for judgment on the ground that plaintiff had not made out a cause of action.

By the contracts involved the principal defendant,1 a fabricator and erector of steel, agreed to furnish and erect all of the structural...

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