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STUART v. AL JOHNSON CONSTRUCTION CO.

Civ. A. No. 64-661.

236 F.Supp. 126 (1964)

Michael P. STUART and Nick Nicoludis, trading as Stuart Painting Company, Plaintiffs, v. AL JOHNSON CONSTRUCTION CO. and Peter Kiewit Sons' Co., trading as Meldahl Dam Constructors, Defendant.

United States District Court W. D. Pennsylvania.

November 30, 1964.

Attorney(s) appearing for the Case

Henry E. Rea, Jr., of Brandt, Riester, Brandt & Malone, Pittsburgh, Pa., for plaintiffs.

Charles E. Carlsen, of Carlsen, Greiner & Law, Minneapolis, Minn., and Norman J. Cowie, of Pringle, Bredin, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for defendant.

MARSH, District Judge.

In this action, plaintiffs have brought suit against Meldahl Dam Constructors (Meldahl), a joint venture. Although the caption of the complaint and the brief submitted by plaintiffs confusingly indicated that they had named as defendants, Al Johnson Construction Co. and Peter Kiewit Sons' Co., trading as Meldahl, counsel for movant demonstrated at argument that plaintiffs were suing only Meldahl and not the two corporate members of the joint...

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