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HEIST OHIO CORP. v. BETHLEHEM STEEL CO.

20 A.D.2d 201 (1964)

C. H. Heist Ohio Corporation, Appellant, v. Bethlehem Steel Company, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 9, 1964.

Attorney(s) appearing for the Case

Borins & Snitzer (Louis Borins of counsel), for appellant.

Phillips, Mahoney, Lytle, Yorkey & Letchworth (David K. Floyd of counsel), for respondent.

BASTOW, GOLDMAN and NOONAN, JJ., concur in Per Curiam opinion; WILLIAMS, P. J., dissents and votes to affirm in an opinion.

Per Curiam.

This is an appeal by C. H. Heist Ohio Corporation, hereinafter called "Heist", from an order which granted summary judgment in favor of Bethlehem Steel Company, hereinafter called "Bethlehem" and from a judgment based upon the order.

Allied Material Supply Company, hereinafter called "Allied", entered into a prime contract for certain construction with "Bethlehem" on September 27, 1961. Article...

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