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CONSTRUCTION, INC. v. ROCKWOOD BOROUGH MUN. AUTH.

No. 14518.

326 F.2d 751 (1964)

CONSTRUCTION, INCORPORATED, An Ohio Corporation, Appellant, v. ROCKWOOD BOROUGH MUNICIPAL AUTHORITY, Rockwood, Somerset County, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided January 22, 1964.

Attorney(s) appearing for the Case

Martin S. Goldberg, Youngstown, Ohio (Baskin, Sachs & Craig, Pittsburgh, Pa., on the brief), for appellant.

Robert M. Brown, Pittsburgh, Pa. (Gustave W. Wilde, Burgwin, Ruffin, Perry & Pohl, Pittsburgh, Pa., Charles H. Coffroth, Somerset, Pa., on the brief), for appellee.

Before STALEY, HASTIE and SMITH, Circuit Judges.

PER CURIAM.

In granting summary judgment for the defendant in this suit by a contractor against Rockwood Borough Municipal Authority for repudiation of a public contract, the district court reasoned that no binding contract had ever come into existence.

These facts appear without dispute. The contractor was low bidder. He knew that the Authority's obtaining of necessary financing was a condition precedent to the making of a binding contract. The Authority...

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