ART METAL CONST. CO. v. LEHIGH STRUCTURAL STEEL CO.

No. 7492.

116 F.2d 57 (1940)

ART METAL CONST. CO. for Use of McCLOSKEY & CO., Inc., v. LEHIGH STRUCTURAL STEEL CO.

Circuit Court of Appeals, Third Circuit.

November 27, 1940.


Attorney(s) appearing for the Case

Edward J. Mingey and Edward P. Smith, both of Philadelphia, Pa., for appellant.

Charles H. Weidner and Stevens & Lee, all of Reading, Pa., for appellee.

Before CLARK, JONES, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

This is an appeal from a judgment entered upon the pleadings on a motion by the defendant, Rule 12(c), Rules of Civil Procedure, 28 U.S.C.A. following section 723c. In considering such a motion the facts alleged by the plaintiff must be taken to be true and the inquiry is whether upon those facts plaintiff has stated a cause of action. Ulen Contracting Corp. v. Tri-County Electric Coop., D.C.Mich.1940...

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