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

No. 7833.

126 F.2d 134 (1942)

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

Circuit Court of Appeals, Third Circuit.

Decided January 9, 1942.

Rehearing Denied February 10, 1942.

Attorney(s) appearing for the Case

Edward J. Mingey, of Philadelphia, Pa. (Edward P. Smith, of Philadelphia, Pa., on the brief), for appellant.

Charles H. Weidner, of Reading, Pa. (Stevens & Lee, of Reading, Pa., on the brief), for appellee.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

The law suit between these parties has previously been before this court and the decision is reported in 3 Cir., 1940, 116 F.2d 57, where the relevant facts are set out. At the time the case was here before it was on the pleadings only and we held that the plaintiff stated a cause of action against the defendant. The cause of action thus stated was the plaintiff's...

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