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

Civ. A. No. 91.

38 F.Supp. 530 (1941)

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

District Court, E. D. Pennsylvania.

February 18, 1941.


Attorney(s) appearing for the Case

Edward P. Smith, of Philadelphia, Pa., for plaintiff Art Metal Const. Co.

Edward J. Mingey, of Philadelphia, Pa., for plaintiff McCloskey & Co., Inc.

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


KIRKPATRICK, District Judge.

These are motions by the plaintiff for summary judgment and to reinstate its former motion for judgment on the pleadings. Inasmuch as the pleadings set forth in great detail all the material transactions involved in the suit, no affidavits have been filed with the motion for summary judgment and none are necessary. The two motions raise substantially the same question and may be considered together.

The defendant's contention is...

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