FAHY, Circuit Judge.
Appellant, N. Litterio & Company, Inc., defendant in the District Court, was sued there by Glassman Construction Company, Inc., appellee, for $17,706, the difference between the amount of a bid by Litterio to Glassman to do certain brick and masonry work and the bid by another company which actually did the work when Glassman was awarded the prime contract to construct a school building.
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