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MERRITT-CHAPMAN & SCOTT CORP. v. PUBLIC UTILITY DIST. NO. 2

No. 164, Docket 27783.

319 F.2d 94 (1963)

MERRITT-CHAPMAN & SCOTT CORPORATION, Plaintiff-Appellant, v. PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, WASHINGTON, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 22, 1963.

On Rehearing May 17, 1963.

Rehearing Denied June 19, 1963.

Rehearing Denied August 6, 1963.

Attorney(s) appearing for the Case

William L. Lynch, New York City (James W. Lamberton, Dennis J. Kenny and Cleary, Gottlieb, Steen & Hamilton, New York City, on the brief), for plaintiff-appellant.

Whitman Knapp, New York City (Nat W. Washington, Ephrata, Wash., Edmund R. Schroeder, Neal J. Hurwitz and Root, Barrett, Cohen, Knapp & Smith, Leonard Sims, Paul R. Herman, New York City, and Washington & Wickwire, Ephrata, Wash., on the brief), for defendant-appellee.

Orison S. Marden, A. Hayne deYampert and White & Case, New York City, for Bankers Trust Co., as amicus curiae.

Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Sheldon Raab, Deputy Asst. Atty. Gen., New York City, amicus curiae.

Before MEDINA, WATERMAN and SMITH, Circuit Judges.

Rehearing Denied August 6, 1963, en banc.

MEDINA, Circuit Judge.

This is an action to enforce a New York contract dated July 9, 1956 between plaintiff-appellant, Merritt-Chapman & Scott Corporation, a Delaware contractor with principal offices in New York City, and defendant-appellee, Public Utility District No. 2 of Grant County, Washington, a municipal corporation formed under the laws of the State of Washington. On March 7, 1962 a warrant of attachment...

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