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McGREGOR ARCHITECTURAL IRON CO. v. MERRITT-CHAPMAN & SCOTT CORP.

Civ. A. No. 5487.

150 F.Supp. 323 (1957)

McGREGOR ARCHITECTURAL IRON CO., Inc., Plaintiff, v. MERRITT-CHAPMAN & SCOTT CORPORATION et al., Defendants.

United States District Court M. D. Pennsylvania.

April 26, 1957.

Attorney(s) appearing for the Case

Welles & Mackie, Scranton, Pa., for plaintiff.

John W. Bour, O'Malley, Morgan, Bour & Gallagher, Scranton, Pa., for defendants.

James J. Zaydon, Scranton, Pa., for John T. Evanick trading as John T. Evanick & Co., and Frederick Raff Co., Inc., intervenors.

FOLLMER, District Judge.

This matter is before the Court on motion to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted.

It appears from the face of the complaint that Merritt-Chapman & Scott Corporation (hereafter referred to as Merritt-Chapman) entered into a contract with the United States for the construction of buildings, utility systems and site improvements for Signal Corps Depot, Tobyhanna, Monroe...

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