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LICHTER v. MELLON-STUART COMPANY

No. 13768.

305 F.2d 216 (1962)

Jacob LICHTER and Jennie L. Lichter, Partners, Doing Business as Southern Fireproofing Company, Appellants, v. MELLON-STUART COMPANY, Appellee.

United States Court of Appeals Third Circuit.

Decided July 6, 1962.

Attorney(s) appearing for the Case

Paul W. Steer, Cincinnati, Ohio (Steer, Strauss & Adair, Cincinnati, Ohio, Davis C. Burroughs, Jr., Moorhead & Knox, Pittsburgh, Pa., on the brief), for Appellants.

Charles C. Arensberg, Pittsburgh, Pa. (William J. Staley Patterson, Crawford, Arensberg & Dunn, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and HASTIE and SMITH, Circuit Judges.

HASTIE, Circuit Judge.

This is an appeal from a final judgment in a diversity suit. The appellee, Mellon-Stuart Co., a Pennsylvania corporation, had a contract to build a ten-story annex to the Pittsburgh branch of the federal reserve bank of Cleveland and to alter the existing seven-story building. The appellants, Jacob and Jennie Lichter, citizens of Ohio, doing business as Southern Fireproofing Company, whom we shall call Southern, received two subcontracts in...

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